M 


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the: 


CHARTER 


OF   THE 


CITY  OF  MILWAUKEE 


BEING  CHAPTER  184,  LAWS  OF  1874, 

As  amended   by  subsequeut  acts  of  the   Legislature  to  and  including  the 

acts  of   1891,    and  General   Laws  operating  as  amendnnents 

thereto,  up  to  and   including  those   passed   by 

the    Legislature    of    1895. 


Compiled  and  annotated  under  instructions  of  the  Common  Council 

« 

BY 

Charles  H.  Haiviiuton, 

City  Attorney. 


Edward  Keogh,  PriMer,  S86  and  3S8  Broadway, 


33. c, 


NOTE. 

The  7'^solutwn  instructitig  the  City  Attorney  to  revise  the 
Charter  further  insiructs  him  to  insert  annotations  of  Supreine 
Court  decisions  which  comtrue  or  refer  to  Charter  provisions.  It 
is  helievea-MO  case  df  iMs  iiature  has  heen  omitted.  There  has  heen 
no  attempt  to  onake  ^  general  digest  of  all  decisions  of  our  Supreme 
Court  iiivolving  .q^festions  of  municipal  law^  hut  rwtes  of  soone 
decisions  construittg  charters  of  other  cities  having  charter  provisions 
similar 'to  ours,  and  so7ne  decisions  upon  matters  of  general  interest 
which%iay  assist  city  officers  in  the  performance  of  their  municipal 
duties,  have  also  heen  inserted. 

The  notes  hme  further  heen  made  vnth  special  reference  to  con- 
struction  of  the  Chapter  provision  under  consideration  rather  than 
to  the  general  questions  of  law  involved.  All  citations  of  Wiscon- 
sin decisions  are  to  the  top  ponging  in  the  reports. 

I  have  not  attempted  to  go  hack  of  the  work  performed  hy  City 
Attorney  Elliott  m  1889.  Its  accwacy  has  heen  proved  hy  six  years 
of  daily  use,  and  numerous  conflicts  in  the  courts. 


Contents. 

Chapter.  .  •  -  * 

I City  and  Ward  Boundaries. 

II Ofificers  and  Elections.    » 

III General  Powers  and  Duties  of  Officers.    • 

IV The  Common  Council — Its  General  Powers.    • 

V .'..,  .Board  of  Public  Works. 

VI Taking  Property  for  Streets  and  other  Purposes. 

VII City  Improvements  and  Special  Assessments. 

VIII -... . ..... .  ..Sewers.     . 

IX Harbors  and  Rivers.^ 

X ' rWater  Works.  '^ 

XI Public  Debt. 

XII Public  Schools.  • 

XIII. .Board  of  Health.  ^ 

XIV ".  Fir^  i)epartment. 

XV Police  Department.  • 

XVI Salaries.    • 

XVII Finance  and  Taxation. 

XVIII Assessment  and  Collection  of  Taxes. 

XIX Disqualifications,  Impeachments,  Etc. 

XX Miscellaneous. 


327911 


[Edition  1895.] 


CHARTER  OF  THE  GITY  OF  MILWAUKEE. 


Chapter  184,  Laws  of  1874, 

As  amended  by  Acts  of  the  Legislature  to  and   inoludingr 

Laws  of  1891,  and  General  Laws  operating 

as  amendments  thereto,  up  to  and 

including  those  passed  by  the 

Legislature  of  1895. 


AN  ACT  to  revise,  consolidate  and  amend  the  charter  of  the  city 
of  Milwaukee,  approved  February  20,  1852,  and  the  several  acts 
amendatory  thereof. 


The  people  of  the  State  of  Wisconsin,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

CHAPTER  I. 

CITY    AND   WARD    BOUNDARIES. 

Section  1.     All  the  district  of  country  in  the  county  jj,g  g^  ^j  mm. 
of  Milwaukee  contained  within  the  limits  and  boundaries     waukee. 
hereinafter  described,  shall  be  a  city  by  the  name  of  Mil- 
waukee; and  the  people  now  inhabiting,  and  those  who 
shall  hereafter  inhabit,  within  the  district  of  country  so 
described,  shall  be  a  municipal  corporation  by  the  name 
of  the  "  City  of  Milwaukee,"  and  shall  have  the  general 
powers  possessed  by  municipal  corporations  at  common 
law;  and,  in  addition  thereto,  shall  possess  the  powers  Powers  conferred, 
hereinafter  specifically  granted;  and  the  authorities  thereof 
shall  have  perpetual  succession,  shall  be  capable  of  con- 
tracting and  being  contracted  with,  of  sueing  and  being 


CHAP.  ■     ■  MILWAUKEE   CITY   CHARTER.  6 

1  ■■■••-■■•..:       .,.■ 

sued,  of  pleading  and  being  impleaded,  in  all  courts  of 
law  and  equity;  and  shall  have  a  common  seal,  and  may- 
change  and  alter  the  same  at  pleasure. 

City  charters  are  public  acts  of  which  courts  are  bound  to  take 
judicial  notice. 

Janesville  vs.  M.  &  M.  R.  R.  Co.,  7  Wis.,  410. 
Terry  vs.  Milwaukee,  15  Wis.,  543. 
Alexander  vs.  Milwaukee,  16  Wis.,  264. 
State  ex  rel  Cothren  vs.  Lean,  9  Wis.,  254. 

A  municipal  corporation  cannot  be  made  liable  as  garnishee. 
Burnham  vs.  Fond  du  Lac,  15  Wis.,  193. 
Buftham  vs.  Racine,  26  Wis.,  449. 
Merrell  vs.  Campbell,  49  Wis.,  535. 

The  corporate  authorities  of  Milwaukee  were  authorized  to 
contract  for  the  construction  of  a  breakwater  designed  to  protect 
certain  streets  in  the  city  from  destruction  by  the  waters  of  Lake 
Michigan,  by  virtue  of  the  general  powers  possessed  by  municipal 
corporations  at  common  law. 

Miller  vs.  Milwaukee,  14  Wis.,  699. 

A  municipal  corporation,  under  its  general  common  law  powers, 
has  no  authority  to  employ  counsel  to  aid  in  criminal  prosecutions 
instituted  on  behalf  of  the  State  against  persons,  formerly  officers 
of  the  city,  for  crimes  committed  under  color  of  the  discharge  of 
their  oflficial  duties. 

Butler  vs.  Milwaukee,  15  Wis.,  546. 

Boundaries  of  the       SECTION  2.     The  territory  included  within  the  follow- 

c'rty  of  Milwau-      ing  boundaries  and   limits  shall   constitute   the  city  of 
kce 

Milwaukee,  to- wit:     Beginning   on   the  shore  of   Lake 

Michigan  where  it  is  intersected  by  the  quarter  section 
line  in  section  ten  of  township  seven  north,  range  twenty- 
two  east,  in  said  county  of  Milwaukee,  running  thence 
west  along  the  said  quarter  section  line  to  the  northwest 
corner  of  the  southeast  one- fourth  of  section  twelve,  of 
township  seven  north,  range  twenty-one  east,  thence  south 
along  the  north  and  south  quarter  section  line  through 
said  section  twelve,  and  the  continuation  thereof  to  the 
southwest  corner  of  the  southeast  one-fourth  of  section 
twenty-five,  of  township  seven  north,  range  twenty-one 
east,  thence  east  along  the  south  line  of  said  southeast 
one-fourth  section  twenty-five  to  the  southeast  corner 
thereof,  thence  south  along  the  west  line  of  section 
thirty-one,  of  township  seven  north,  range  twenty-two 
east  and  the  continuation  thereof,  to  the  southwest  corner 
of  the  northwest  one-fourth  of  section  seven,  of  township 
six  north,  range  twenty-two  east,  thence   east   on    the 


7  MILWAUKEE   CITY   CHARTER.  CHAP. 

1 

quarter  section  line  running  east  and  west  through  said 
section  seven,  and  the  continuation  thereof  to  the  one- 
eighth  section  line  running  north  and  south  through  the 
southwest  one-fourth  of  section  nine  in  township  six 
north,  range  twenty-two  east,  thence  south  along  said 
one-eighth  section  line  to  the  south  line  of  said  section 
nine,  thence  east  along  the  south  line  of  sections  nine 
and  ten  to  the  east  boundary  of  said  county  of  Milwaukee, 
thence  north  to  a  point  due  east  of  the  place  or  point 
of  beginning,  thence  west  to  said  place  or  point  of 
beginning. 

As  amended  by  Chapter  449,  I^aws  of  1891.     Former  amend- 
ments to  Charter  of  1874,  are  as  follows: 

Chapter    272,   Laws  of    1883.      Chapter    116,    Laws    of    1885. 
Chapter  37,  Laws  of  1887.     Chapters  56,  450  and   437,  Laws  of 

1889. 

Section   3.     The    said    city     shall     be     divided   in   Number  of  wards. 
(eighteen)    wards,   numbered   and   bounded   as   follows: 

Chapter  388,  Laws  of  1885.     Chapters  36,  37,  38  and  416,  Laws 
of  1887.     Chapter  449,  Laws  of  1891. 

The  First  ward  shall  embrace  all  that  part  of  said  dis-  First  ward 
trict  which  lies  east  of  the  center  of  the  Milwaukee  river,  boundaries, 
north  of  the  center  line  of  Juneau  avenue,  south  of  the 
center  line  of  Brady  street,  produced  east,  to  its  inter- 
section with  the  center  line  of  Prospect  avenue,  thence 
northeasterly  with  the  center  line  of  Prospect  avenue 
to  a  point  where  it  would  be  intersected  by  the  northerly 
line  of  lot  twenty,  in  block  one  hundred  and  ninety-nine, 
in  Rogers'  addition,  produced  west,  thence. along  the 
northerly  line  of  said  lot  to  Lake  Michigan,  thence  east 
to  the  east  boundary  of  the  city. 

The  Second  ward  shall  embrace  all  that  part  of  said  second  ward 
district  which  lies  west  of  the  center  of  the  Milwaukee     boundaries, 
river,  south  of  the  center  line  of  Vliet  street,  north  of  the 
center  line  of  Cedar  street,  and  east  of  the  center  line  of 
Thirteenth  street. 

The  Third  ward  shall  embrace  all  that  part  of  said  jhird  ward 
district  which  lies  east  and  north  of  the  center  line  of  the     boundaries. 
Milwaukee   river   and 'of  the   straight  cut  harbor,   and 
south  of  the  center  line  of  Wisconsin  street  and  a  line 
east  from  the  point  where  the  center  line  of  Wisconsin 
street  intersects  the  shore  of  Lake  Michigan. 


CHAP. 


MILWAUKEE   CITY   CHARTER. 


8 


Sixth  ward 
boundaries. 


Seventh  ward 
boundaries. 


Fourth  ward  The  Fourth  ward  shall  embrace  all  that  part  of  said 

boundaries.  district  which    lies  west  of  the  center  line  of  Milwau- 

kee river,  south  of  the  center  line  of  Cedar  street,  east  of 
the  center  line  of  Thirteenth  street  and  of  Muskego 
avenue,  to  the  south  boundarj^  line  of  section  thirty  and 
north  of  the  south  boundary  line  of  sections  twenty-nine 
and  thirty,  in  township  seven  north,  range  twenty-two 
east. 

Fifth  ward  ^^^  Fifth  ward  shall  embrace  all   that  part  of  said 

boundaries.  district  which  lies  east  of  the  center  line  of  First  avenue, 

south  of  the  south  boundary  lines  of  the  Fourth  and 
Third  wards,  hereinbefore  described,  and  north  of  the 
center  line  of  Greenfield  avenue  and  its  continuation  east, 
to  the  east  boundary  of  the  city. 

The  Sixth  ward  shall  embrace  all  that  part  of  said 
district  which  lies  west  of  the  center  of  the  Milwaukee  river, 
north  of  the  center  line  of  Vliet  street,  east  of  the  center 
line  of  Seventh  street,  and  south  of  the  center  line  of 
North  avenue. 

The  Seventh  ward  shall  embrace  all  that  part  of  said 
district  which  lies  east  of  the  center  of  the  Milwaukee 
river,  north  of  the  center  of  Wisconsin  street  and  a  line 
due  east  from  the  point  where  the  center  line  of  Wisconsin 
street  intersects  the  shore  of  Lake  Michigan,  and  south 
of  the  center  line  of  Juneau  avenue. 

The  Eighth  ward  shall  embrace  all  that  part  of  said 
district  which  lies  south  of  the  north  boundary  lines  of 
sections  thirty-one  and  thirty-two,  in  township  seven 
north,  range  twenty-two  east,  west  of  the  center  line  of 
First  avenue,  and  north  of  the  center  line  of  Greenfield 
avenue. 

Ninth  ward  The  Ninth  ward  shall  embrace  all  that  part  of  said 

boundaries.  district  which  lies  west   of  the   center   line   of  Seventh 

street,  north  of  the  center  of  Vliet  street,  and  south  of 
the  center  line  of  Walnut  street  to  its  intersection  with 
Fond  du  Lac  avenue,  and  south  of  the  center  line  of  Fond 
du  Lac  avenue  to  the  west  boundary  line  of  the  city. 

Tenth  ward  ^^^  Tenth  ward  shall    embrace  all  that   part  of  said 

boundaries.  district,  w^hich  lies  west  of  the   center  line  of  Seventh 

street,  between  the  center  lines  of  Walnut  and  Burleigh 

streets,  and  west  of  the  center  line  of  Louis  avenue  and 

its  continuation  from  the  center  line  of  Burleigh  street  to 


Eighth  ward 
boundaries. 


9  MILWAUKEE   CITY   CHARTER.  CHAP. 

1 

the  north  boundar}^  line  of  the  cit}^  north  of  the  center 
line  of  Walnut  street  from  the  center  line  of  Seventh  street, 
to  where  it  intersects  the  center  line  of  Fond  du  Lac 
avenue,  and  north  of  the  center  line  of  Fond  du  Lac 
avenue,  to  the  west  boundary  of  the  city,  and  south  of 
the  center  line  of  Burleigh  street,  from  the  center  of 
Seventh  street  to  the  center  of  Louis  avenue,  and  south 
of  the  north  boundarj^  line  of  the  city  from  the  center  of 
Louis  avenue,  to  the  west  boundary  line  of  said  city. 

The  Eleventh  ward  shall  embrace  all  that  part  of  Eleventh  ward 
said  district  which  lies  south  of  the  center  line  of  boundaries. 
Greenfield  avenue,  west  of  the  center  line  of  First 
avenue  between  the  center  lines  of  Greenfield  avenue 
and  Maple  street  and  west  of  the  center  line  of  Eighth 
avenue  between  the  center  lines  of  Maple  and  Burnham 
streets  and  north  of  the  center  line  of  Maple  street, 
between  the  center  lines  of  First  and  Eighth  avenues, 
and  north  of  the  center  line  of  Burnham  street  from  the 
center  line  of  Eighth  avenue  to  the  intersection  with  the 
center  line  of  Forest  Home  avenue,  and  north  of  the 
center  line  of  Forest  Home  avenue  from  the  center  line  of 
Burnham  street  to  the  west  boundary  line  of  the  city. 

The  Twelfth  ward  shall  embrace  the  northeast  one-  Tvvelfth  ward 
fourth  of  section  eight  in  township  six  north,  range  boundaries, 
twenty-two  east,  and  all  that  part  of  said  district  which 
lies  east  of  the  center  line  of  First  avenue,  and  south  of 
the  center  line  of  Greenfield  avenue  and  its  continuation 
to  the  east  boundary  of  said  city,  and  north  of  the  center 
line  of  Lincoln  avenue  and  its  continuation  east,  to  the 
east  boundary  of  said  city. 

The  Thirteenth  ward  shall  embrace  all  that  part  of  said  Thirteenth  ward 
district  which  lies  west  of  the  center  line  of  Milwaukee  boundaries, 
river,  north  of  the  center  line  of  North  avenue  from  the 
center  line  of  Milwaukee  river  to  the  center  line  of  Seventh 
street,  and  north  of  the  center  line  of  Burleigh  street  from 
the  center  line  of  Seventh  street  to  the  center  line  of  Louis 
avenue,  and  east  of  the  center  line  of  Seventh  street 
from  the  center  line  of  North  avenue  to  the  center  line  of 
Burleigh  street,  and  east  of  the  center  line  of  Louis  avenue 
and  its  continuation  north  to  the  north  boundary  of  said 
city,  from  the  center  line  of  Burleigh  street  to  the  north 
boundary  of  said  city. 

The  Fourteenth   ward    shall  embrace  all  that  part  of  Fourteenth  ward 
said  district  which  lies  west  of  the  center  line  of  First     boundaries. 


CHAP. 


MILWAUKEE   CITY   CHARTER. 


10 


Fifteenth  ward 
boundaries. 


Sixteenth  ward 
boundaries. 


avenue  and  south  of  the  center  line  of  Maple  street  between 
the  center  lines  of  First  and  Eighth  avenues,  and  south 
of  the  center  line  of  Burnham  street,  from  the  center  line 
of  Eighth  avenue  to  the  intersection  with  the  center  line 
of  Forest  Home  avenue,  and  south  of  the  center  line  of 
Forest  Home  avenue  from  the  center  line  of  Burnham 
street  to  the  west  boundary  line  of  the  city. 

The  Fifteenth  ward  shall  embrace  all  that  part  of  said 
district  which  lies  west  of  the  center  line  of  Thirteenth 
street,  south  of  the  center  line  of  Vliet  street,  and  north 
of  the  center  line  of  Cedar  street. 

The  Sixteenth  ward  shall  embrace  all  that  part  of  said 
district  which  lies  west  of  the  center  line  of  Thirteenth 
street  and  Muskego  avenue  to  the  south  boundary  line  of 
section  thirty,  south  of  the  center  line  of  Cedar  street 
and  north  of  the  center  line  of  Canal  street. 

The  Seventeenth  ward  shall  embrace  all  that  part  of 
said  district  which  lies  east  of  the  east  line  of  section 
eight,  in  township  six  north,  range  twenty-two  east,  and 
south  of  the  center  line  of  Lincoln  avenue  and  its  con- 
tinuation east  to  the  east  boundary  of  said  cit}-. 

The  Eighteenth  ward  shall  embrace  all  that  part  of 
said  district  which  lies  east  of  the  center  line  of  Mil- 
waukee river,  from  the  north  boundary  line  of  said  city 
to  a  point  where  the  center  of  Milwaukee  river  would 
be  intersected  by  the  center  line  of  Brady  street  pro- 
duced west,  and  which  lies  north  of  the  center  line  of 
Brady  street  from  said  Milwaukee  river  to  the  intersection 
of  the  center  line  of  Brady  street  with  the  center  line  of 
Prospect  avenue,  thence  northeasterly  along  the  center 
line  of  Prospect  avenue  to  a  point  where  it  would  be 
intersected  by  the  northerly  line  of  lot  twenty,  in  block 
one  hundred  and  ninety-nine,  in  Rogers'  addition,  pro- 
duced west,  thence  along  the  northerly  line  of  said  lot, 
easterly  to  Lake  Michigan,  thence  easterly  to  the  east 
boundary  line  of  said  city  of  Milwaukee. 

Not  to  repeal  or  SECTION  (3)  4.     Nothing  in  this  act  shall  be  considered 

modify  charter,  or  or  construed  as  repealing  or  modifying  the  charter  or  any 
etery^  association  existing  law  pertaining  to,  or  in  any  way  affecting  the 
thereunder.  powers,  rights,  interests,  property,  exemptions  or  privi- 

leges, of  any   corporation,   society   or   association,   now 
owning  or  using  for  cemetery  or  burial  purposes  any 


Seventeenth  ward 
boundaries. 


Eighteenth  ward 
boundaries. 


11  MILWAUKEE   CITY   CHARTER.  CHAP. 

1 

lands  within  the  limits  described  in  section  one  of  this 

act;    and  any  provisions  of  the  charter  or  ordinances  of 

the  city  of  Milwaukee,  and  acts  amendatory  thereof,  and 

any  general  statutes  of  the  state,  prohibiting*  the  location 

or  use  of  lands  for  cemetery  or  burial  purposes  within  the 

limits  of  the  city  of  Milwaukee,  or  relating  to  the  taking  of 

lands  for  any  public  use,  or  to  the  opening,  vacation  or 

improvement  of  streets,  alleys  or  highways,   or  to  any 

other  public  work  or  improvements  by  said  city,  shall  not 

have  reference  or  application  to  such  corporation,  society 

or  association,  or  any  of  the  lands  owned  and  used  by 

them  for  cemetery  or  burial  purposes;  provided,  however, 

,  \.  •  :  '  ^-  r  •.  1   Water  and  sewer 

any  such  corporation,  society  or  association,  if  it  request     connections  may 

the  same,   shall  be  furnished  by  said  city,   upon  such     be  made. 

terms  and  regulations  as  may  be  just,  connections  with 

its  water  and  sewerage  systems,  and   the  service  of  its 

police  and  fire  departments. 

Chapter  449,  Laws  of  1891. 


CHAPTEK  309,  LAWS  OF  1895. 

Section    1.     The  common  council  of  all  cities  of  the  first  class,    Common  Council 
and  of  all  cities  organized  under  special   charter,    containing  a     to  change  ward 
population  of  forty  thousand  and  upwards,  is  hereby  authorized  by     boundaries,  when. 
a  two-thirds  vote,  on  or  before  the  first  day  of  December  after 
each  state  and  national  census,  to  redistrict,  readjust  and  change 
the  boundaries  of  wards  within  such  city,  so  that  the  wards  shall 
be  as  nearly  equal  in  population  as  may  be,  and  for  accomplishing 
the  purposes  of  this  act,  such  common  council  may  create  new 
wards  and  consolidate   old  ones,  but   no  ward   shall   be   created 
having  a  population  less  than  eight  thousand  nor  exceeding  twenty 
thousand.     In  the  redistricting  of  the  city,  as  herein   provided, 
the  original  numbers  of  the  wards  and  the  geographical  outline 
shall  as  far  as  possible  be  retained,  and  the  wards  so  created  and 
the  old  ones  the  boundaries  of  which  are  changed  shall  be  in  as 
compact  form  as  practicable. 


CHAPTER  166,  LAWS  OF  1893. 

Section  1.  Section  18,  of  chapter  392,  of  the  laws  of  Wisconsin    Amends   Sec.    18 
for  the  year  1856,  is  hereby  amended  by  striking  out  all  of  said     Ch.  392,  Laws  of 
section  after  the  word  and  figures  "section  18,"  and  inserting  in      1856. 
lieu  thereof  the  following:     In  case  of  an  extension  of  the  cor- 
porate limits  of  the  city  of  Milwaukee  beyond  such  points  and    '°^'  Jg^^^^ 
places  where  toll  gates  are  erected,  in  such  cases  toll  gates  are  to 
be  removed  beyond  the  limits  of  the  city  of  Milwaukee,  the  dis- 
tance of  one-half  of  one  mile,    and   in   case  said   company   fails 


CHAP. 

1 


MILWAUKEE   CITY   CHARTER. 


12 


and  neglects  to  remove  such  toll  gates,  such  toll  gates  shall  be 
thrown  open  upon  complaint  by  any  person  being  made  in  writing, 
in  manner  provided  by  sections  19  and  20,  of  this  chapter,  and 
remain  open  i^ntil  such  removal. 


Adjacent  territory, 
how  annexed. 


CHAPTER  245,  LAWS  OF  1895. 

Section  1.  Section  18,  of  sub-chapter  4,  of  Chapter  326,  Laws 
of  1889,  is  hereby  amended,  so  as  to  read  as  follows:  Section  18. 
Three-fourths  of  the  electors  and  the  owners  of  at  least  one-third 
of  the  taxable  property,  according  to  the  last  tax  roll,  in  territorj' 
adjacent  to  such  city,  may  present  a  petition  to  the  common 
council  of  such  city  asking  for  annexation  thereto;  provided,  that 
if  no  electors  reside  therein,  such  petition  must  be  signed  by  the 
owners  of  at  least  three-fourths  of  the  taxable  property'  desired  to 
be  annexed  before  the  common  council  shall  have  power  to  act 
thereon;  provided  further,  that  the  common  council  of  such  city, 
may  upon  the  petition  of  one-half  of  the  resident  electors  and  by 
the  owners  of  one-half  of  the  real  estate  within  the  limits  of  the 
territory  proposed  to  be  annexed,  pass  an  ordinance  annexing 
such  proposed  territory  when  the  proposition  to  annex  has  been 
submitted  to  a  vote  of  the  electors  of  the  district  to  be  annexed 
and  a  majority  of  the  resident  electors  have  voted  in  favor  therefor. 

Section  2.  Whenever  a  proposition  to  annex  territory  has 
been  submitted  and  not  adopted  the  same  or  substantially  the 
same  proposition  shall  not  be  again  submitted  wathin  two  years 
thereafter. 

Section  3.     Chapter  214,  Laws  of  1893,  is  hereby  repealed. 


Adoption  of  ordi- 
nance, to  operate 
as  annexation. 


SECTION    21,    OF    CHAPTER    326,    LAWS    OF    1889,    AS 

AMENDED  BY  SECTION  15,  CHAPTER  316, 

LAWS  OF  1895. 

Section  21.  The  adoption  of  said  ordinance  shall  operate  to 
annex  such  territory  to  said  city  and  of  the  ward  or  wards  desig- 
nated therein,  ninety  days  after  the  same  is  passed  and  published. 
The  validity  of  the  proceedings  annexing  such  territory  shall  not 
be  called  in  question  collaterally  in  any  of  the  courts  of  this  state; 
nor  shall  the  validity  of  any  such  proceeding  be  called  in  question 
in  any  other  manner  in  the  courts  of  this  state,  unless  the  action 
or  proceedings  therefor  be  commenced  within  ninety  days  after 
such  ordinance  is  adopted.  The  sufficiency  of  all  pending  pro- 
ceedings wherein  the  full  time  of  ninety  days  has  not  elapsed, 
shall  be  determined  by  the  provisions  of  this  enactment  except  in 
cases  where  some  action  or  proceeding  has  been  commenced  in 
court. 

Property  belonging  to  a  town  does  not  become  the  property  of 
the  city  upon  the  annexation  to  the  city  of  the  territory  embracing 
such  property. 

Town  of  Milwaukee  vs.  City,  12  Wis.,  103. 


13  MILWAUKEE   CITY   CHARTER.  CHAP. 

2 

CHAPTER  II. 

OFFICERS   AND   ELECTIONS. 

Section  1 .  The  officers  of  said  city  shall  be  a  mayor,  city  officers. 
two  aldermen  from  each  ward,  constituting  a  common 
council,  a  city  treasurer,  a  city  comptroller,  a  city  attorney, 
a  city  clerk,  a  board  of  public  works,  a  city  engineer,  a 
school  board,  a  tax  commissioner,  ward  assessors,  a  board 
of  commissioners  of  the  public  debt,  a  board  of  health, 
justices  of  the  peace,  a  chief  of  police,  one  chief  engineer 
of  the  fire  department,  one  or  more  harbor  masters,  three 
inspectors  of  election  for  each  ward  or  election  precinct, 
and  as  many  bridgetenders,  firemen,  constables,  police- 
men, and  such  other  officers  and  agents  as  may  be  pro- 
vided for  by  this  act,  or  as  the  common  council  may 
from  time  to  time  direct. 

Chapter  205,  Laws  of  1887. 

The  general  powers  of  the  city  government  are  vested  in  the 
common  council,  with  special  delegations  of  power  to  particular 
subordinate  officers  and  subordinate  agencies  or  bodies,  for  the 
better  and  more  convenient  administration  of  city  affairs. 

Koch  vs.  Milwaukee,  89  Wis.,  220. 

Section  2.  The  annual  municipal  election  in  said  Annual  municipal 
city  shall  be  held  on  the  first  Tuesday  in  April  of  each  elections. 
year,  at  such  place  or  places  in  each  election  precinct  as 
the  common  council  shall  designate,  at  which  time  there 
shall  be  elected  by  the  qualified  voters  of  said  city,  in  the 
manner  herein  provided,  all  officers  required  to  be  elected 
at  a  general  municipal  election.  The  polls  of  such 
election  shall  be  opened  and  closed  at  the  same  hours 
which  are  or  may  be  prescribed  by  law  for  the  opening 
and  closing  of  the  polls  at  general  elections  in  the  State 
of  Wisconsin.  Ten  days  previous  public  notice  of  the 
time  and  place  of  such  election,  and  of  the  officers  to  be 
elected,  shall  be  given  by  the  city  clerk,  by  publication 
in  one  or  more  newspapers  published  in  said  city. 

Section  3.  The  mayor,  treasurer,  comptroller,  attor-  Elected  by  the  peo- 
ney,  aldermen,  justices  of  the  peace  and  constables  shall  P'e  at  large. 
be  elected  by  the  people.  The  mayor,  treasurer,  comp- 
troller and  attorney  shall  be  elected  on  the  first  Tuesday 
of  April,  A.  D.  1874,  being  the  first  municipal  election 
under  this  act,  biennially  thereafter.  The  officers  so 
elected  shall  enter  upon  the  duties  of  their  respective 


CHAP.  MILWAUKEE   CITY   CHARTER.  14 

2 

ofl5ces  on  the  third  Tuesday  of  April  in  the  year  of  their 
election,  and  shall  hold  their  respective  offices  for  the 
term  of  two  years,  and  until  their  successor  shall' be 
elected  and  qualified.  The  term  of  office  of  the  city 
attorney  shall  be  four  years.  All  constables  elected  in 
the  city  of  Milwaukee,  at  and  after  the  municipal  elec- 
tion of  1890,  shall  hold  their  office  for  the  term  of  two 
years,  and  until  their  successors  are  elected  and  qualified. 

As  amended  by  Chapter  35,  Laws  of  1889. 

See  Chapter  144,  1875.  Repealed  by  Chapter  104,  Laws  of  1878. 
See  also  Chapter  332,  Laws  of  1875.  Repealed  by  Chapter  191, 
Laws  of  1876. 

The  provisions  of  Chapter  35,  Laws  of  1889,  changed  the  term 
of  office  of  the  city  attorney  from  two  years  to  four  years,  and 
continued  the  term  of  office  of  the  then  incumbent  for  the  ex- 
tended term.  Held^  such  attempted  extension  was  an  appoint- 
ment to  office  by  legislative  enactment,  and  void  under  Section  9, 
Article  XIII,  Const. 

State  ex  rel.  Hamilton  vs.  Krez,  88  Wis.,  135. 

Two  aldermen  for       SECTION  4.     Each  of  the  several  wards  of  the  city  of 
each  ward.  Milwaukee  shall  hereafter  be  represented  in  the  common 

council  by  two  aldermen.  The  aldermen  elected  at  the 
municipal  election  in  the  city  of  Milwaukee,  in  April 
1889,  shall  hold  their  office  for  the  term  of  three  years. 
The  aldermen  elected  at  the  municipal  election  in  1890, 
shall  hold  their  office  for  two  years,  and  thereafter  all 
aldermen  for  the  city  of  Milwaukee  shall  be  elected  for 
the  term  of  two  years. 

As  amended  by  Chapter  205,  Laws  of  1887  and  Chapter  35, 
Laws  of  1889. 

Vacancies  how  SECTION  5.     If  any  alderman  shall  remove  from  the 

filled,  etc.  ward  represented  by  him,  or  shall  engage  or  continue  in 

any  service,  business,  or  employment,  causing  a  contin- 
uous absence  from  the  city  for  more  than  four  months, 
his  office  shall  thereby  become  vacant;  the  mayor  of  the 
city  of  Milwaukee,  shall  appoint,  within  thirty  days  after 
the  occurrence  of  such  vacancy  a  suitable  person  to  fill 
any  vacancy  that  shall  hereafter  take  place  in  the  office 
of  alderman  in  said  city,  for  the  unexpired  term  thereof. 
The  aldermen  of  the  city  of  Milwaukee,  shall  after  the 
third  Tuesday  of  April,  1889,  each  receive  an  annual 
salary  of  four  hundred  dollars,  which  shall  be  paid  as 
are  the  salaries  of  other  city  officers  of  said  city.     For 


15  MILWAUKEE   CITY   CHARTER.  CHAP. 

2 

non-attendance  at  a  regularly  called  standing  committee 
meeting,  or  of  a  special  council  committee  meeting,  a  fine 
of  two  dollars  and  fifty  cents  shall  be  imposed  upon  any 
member  so  absenting  himself.  For  non-attendance  at  a 
regular  council  meeting  a  fine  of  five  dollars  will  be 
imposed.  The  council  may  remit  such  fine  upon  the 
presentation  of  satisfactory  excuses.  Fines  shall  be 
deducted  from  such  salaries. 

As  amended  by  Chapter  318,  Ivaws  of  1889,  and  Chapter  159, 
Laws  of  1889.  a 

Section  6.     Sec.  r.     The  city  of  Milwaukee  is  hereby  City  to  be  divided 

divided  into  eleven  districts,  for  the  purpose  of  electing  '"*o  districts  for 

justices  of  the  peace  and  constables,  as  hereinafter  men-  ceT^and^coS- 

tioned.  bles. 

Section  2.  The  First,  Seventh  and  Eighteenth  wards  District  bound- 
in  said  city,  shall  constitute  the  First  district;  the  Second  aries. 
and  Fifteenth  w^ards  shall  constitute  the  Second  district; 
the  Third  ward  shall  constitute  the  Third  district;  the 
Fourth  and  Sixteenth  wards  shall  constitute  the  Fourth 
district;  the  Fifth  ward  shall  constitute  the  Fifth  dis- 
trict; the  Sixth  and  Thirteenth  wards  shall  constitute 
the  Sixth  district;  the  Eighth  ward  shall  con- 
stitute the  Seventh  district;  the  Ninth  ward  shall 
constitute  the  Eighth  district;  the  Tenth  ward 
shall  constitute  the  Ninth  district;  the  Eleventh, 
Twelfth  and  Fourteenth  wards  shall  constitute  the  Tenth 
district;  the  Seventeenth  ward  shall  constitute  the 
Eleventh  district. 

See  Section  2,  Chapter  191,  Laws  of  1876.  Section  3,  Chapter 
416,  Laws  of  1887.  Section  3,  Chapter  36,  Laws  of  1887.  Section 
3,  Chapter  388,  Laws  of  1887.  Section  3,  Chapter  38,  Laws  of 
1887,  and  Section  9,  Chapter  37,  Laws  of  1887. 

Sec.   s-     The   votes  given    for  justice    of    the   peace   Election  of  justices 
and  constables  in  each  of  the  said  districts  shall  be  can-     of  the  peace  and 
vassed  and  returned  by  the  inspectors  of  election  in  each     constables, 
ward  comprising  said  districts,  in  the  same  manner  now 
provided  by  law  for  city  ofiicers  in  said  city  of  Milwaukee. 
Justices  of  the  peace  now  in  ofi&ce  in  said  city  of  Milwau- 
kee shall  hold  their  offices  for  and  during  the  term  for 
which  they  have  been  elected  and  until  their  successors 
have  qualified  according  to  law.     Justices  of  the  peace 
now  in  office  in  the  said  city  of  Milwaukee  shall  at  the 
expiration  of  his  term  of  office  and  after  his  successor  in 
office  shall  have  qualified  according  to  law,    deliver  to 


CHAP. 

2 


MILWAUKEE   CITY   CHARTER. 


16 


Other  officers. 


Elections. 


Qualifications  of 
electors. 


Election  precincts. 


Inspectors  and 
clerks  of  election. 


him  all  books  and  records  in  his  possession  connected 
with  his  said  office.  Justices  of  the  peace  and  constables 
elected  under  the  provisions  of  this  act  shall  give  bond 
and  take  the  oath  of  office  as  required  by  law. 

As  amended  by  Sections  4,  5,  6,  7,  Chapter  191,  Laws  of  1876. 
See  also  Chapter  35,  Laws  of  1889. 

Section  7.  All  other  officers  necessary  for  the 
proper  management  ol  the  affairs  of  said  city  shall  be 
appointed  by  the  common  council,  or  by  the  mayor,  or 
in  such  manner  as  the  common  council  may  direct,  ex- 
cept when  otherwise  directed  in  this  act.  The  city  clerk, 
the  commissioner  of  public  works,  city  engineer,  super- 
intendent of  schools,  secretary  of  the  school  board,  tax 
commissioner,  commissioner  of  health,  chief  of  police, 
and  chief  engineer  of  the  fire  department,  shall  respec- 
tively hold  their  offices  for  the  terms  for  which  they  are 
respectively  elected  or  appointed. 

As  amended  by  Section  1,  Chapter  324,  Laws  of  1882. 

Section  8.  All  elections  by  the  people  shall  be  by 
ballot,  and  a  plurality  of  votes  shall  constitute  an  election. 
All  persons  entitled  to  vote  for  county  or  state  officers, 
and  who  shall  have  resided  in  the  city  for  one  year  next 
preceding  the  election,  and  for  ten  days  in  the  ward 
where  they  offer  to  vote,  shall  be  entitled  to  vote  for  any 
officer  to  be  elected  under  this  act,  and  to  hold  any  office 
hereby  created. 

As  amended  by  Section  3,  Chapter  144,  Laws  of  1875. 

Section  9.  The  common  council  may  at  their  dis- 
cretion, by  ordinance,  divide  the  several  wards  of  the 
city  into  election  precincts  by  geographical  divisions  and 
boundaries  as  they  may  deem  proper,  so  that  there  shall 
not  be  more  than  three  polls  in  each  ward;  and  each 
voter  shall  deposit  his  vote  at  the  poll  in  the  election 
precinct  within  which  he  shall  reside. 

See  amendments  by  Chapter  21,  Laws  of  1889,  in  foot  note. 

Note — The  restriction  to  three  polls  for  each  ward  is  virtually 
repealed  by  Subd.  3,  Sec.  2,  Ch.  288,  Laws  of  1893,  and  the  city 
was  re-districted  under  the  authority  of  that  Chapter,  by  ordin- 
ance No.  156,  passed  Nov.  27,  1893. 

Section  10.  (The  aldermen  shall  be  inspectors  of 
election  for  the  precinct  in  which  they  may  respectively 
reside.     The  mayor  shall  annually  appoint  two  clerks  of 


17  MILWAUKEE   CITY   CHARTER.  CHAP. 

2 

election,  and  also  additional  inspectors  of  election  for 
each  election  precinct,  if  required,  to  make  the  whole 
number  of  inspectors,  three  in  each  such  precinct,  in- 
cluding such  aldermen  there  resident.  Bach  inspector 
and  clerk  of  election  shall  be  an  elector  and  resident  of 
such  precinct,  and  shall  hold  his  office  for  one  year  from 
the  time  of  his  appointment,  and  until  his  successor  shall 
be  appointed  by  the  mayor;  and  the  mayor,  by  appoint-  Vacancies  how 
ment,  shall  fill  any  vacancy;  provided,  however,  that  in  filled, 
case  of  a  failure  to  appoint,  or  in  case  of  a  failure  of  any 
such  inspector  or  clerk  to  appear  at  the  opening  of  the 
polls  at  any  election,  the  electors  then  present  may  pro- 
ceed to  fill  the  vacancy,  as  provided  by  the  laws  of  this 
state  regarding  elections;  but  no  member  of  the  common  Candidates  shall 

•1  4.1-  -u  '  jj   ^     r  re         not  be  inspectors. 

council  or  other  person,  bemg  a  candidate  for  any  office 

at  any  election  shall  be  inspector  at  such  election.  Said 
inspectors  and  clerks  shall,  before  entering  upon  their 
duties,  and  within  ten  days  after  their  said  appointment, 
respectively  take  and  file  with  the  city  clerk  the  usual 
oath  of  office.) 

Amended  by  Chapter  389.  Laws  of  1885,  and  Chapter  442,  Laws 
of  1889,  which  see  in  foot  note  hereto. 


Section  11.  If  either  of  the  inspectors  shall  suspect  Challenging  votes. 
that  any  person  offering  a  vote  does  not  possess  the  qual- 
ifications of  an  elector,  or  if  any  vote  be  challenged  by 
an  elector,  the  inspectors,  before  receiving  the  vote  of 
such  person,  shall  require  him  to  take  the  following  oath, 
which  either  of  said  inspectors  is  hereby  authorized  to 
administer:  "  You  do  solemnly  swear  (or  affirm  as  the 
case  may  be)  that  you  are  twenty-one  years  of  age,  that 
you  are  a  citizen  of  the  United  States  (or  have  declared 
your  intentions  to  become  a  citizen  conformably  to  the 
laws  of  the  United  States  on  the  subject  of  naturaliza- 
tion), that  you  have  resided  within  this  city  one  year  and 
within  this  ward  ten  days  next  preceding  this  election; 
that  you  now  reside  within  this  election  precinct,  and  that 
you  have  made  no  bet  or  wager,  and  have  not  become 
directly  or  indirectly  interested  in  any  bet  or  wager  de- 
pending upon  the  result  of  this  election." 

And  if  the  person  so  offering  to  vote  shall  take  such  ^^^^i^  f^p  \^^^ 
oath,  his  vote  shall  be  received.     If  such  person  shall  take     swearing  and 
such  oath  falsely,  he  shall  be  deemed  guilty  of  wilful     fraudulent  voting. 
Bnd  corrupt  perjury,  and  upon  conviction  thereof,  upon 


Oath  of  elector. 


CHAP.  MILWAUKEE   CITY   CHARTER.  18 

2 

indictment  or  information,  shall  suffer  the  punishment 
provided  by  law  for  persons  guilty  of  perjury.  If  any  per- 
son who  is  not  a  qualified  voter  shall  vote  at  any  election, 
or  if  any  person  qualified  shall  vote  in  any  other  precinct 
than  the  one  in  which  he  resides,  or  shall  vote  more  than 
once  at  any  one  election,  he  shall  be  liable  to  a  criminal 
prosecution  by  indictment  or  information;  and  on  con- 
viction thereof,  shall  forfeit  and  pay  a  sum  not  exceed- 
ing one  hundred  dollars,  nor  less  than  twenty-five  dollars. 
It  shall  be  the  duty  of  the  inspectors  to  keep  a  list  of 
the  names  of  all  persons  whose  votes  may  be  challenged 
as  aforesaid,  and  who  shall  swear  in  their  votes;  and  if 
Penalty  for  know-  any  inspector  shall  knowingly  and  corruptly  receive  the 

ingly  receiving       vote  of  any  person  not  authorized  to  vote,  or  shall  make 
and  tallying  fraud-        ^   r  i  7  r  i     .•  -r  ^     ^       ^    ^^ 

ulent  votes.  ^^^  mlso:  returns  for  an  election;   or  if  any  clerk  shall 

not  write  down  the  name  of  every  voter  as  he  votes,  or 

shall  wilfully  make  untrue  and  incorrect  count  and  tallies 

of  votes,  each  and  every  such  inspector  and  clerk  shall 

be   liable   to   be   prosecuted   therefor   by   indictment   or 

information,  and  on  conviction  thereof,   shall  forfeit  and 

pay  a  sum  not  exceeding  five  hundred  dollars  for  each 

offense.     All  such  indictments  and  informations  shall  be 

tried  in  the  county  of  Milwaukee. 

Amended  by  Section  4,  Chapter  144,  Laws  of  1875. 


Inspectors  shall  SECTION  12.     As  soon  as  the  poll  of  the  election  shall 

make  returns.  be  closed,  the  inspectors  shall  proceed  immediately  to 
canvass  the  votes  given  at  such  election,  and  continue 
without  adjournment  until  completed.  The  canvass  of 
votes  shall  be  made  publicly  in  the  presence  of  any  per- 
son desiring  to  attend  the  same,  and  when  the  number 
of  votes  for  each  candidate  or  person  voted  for  shall  be 
counted  and  ascertained,  the  said  inspectors  shall  make 
returns  thereof,  stating  therein  the  number  of  votes  cast 
for  each  person,  for  each  and  every  ofl&ce;  and  shall 
deliver  or  cause  to  be  delivered,  such  returns  to  the 
clerk  of  the  common  council,   with  the   ballots  cast  at 

Cojncil  shall  can-  ^^^^  election.     Within  one  week  after  any  election  the 

vass  returns.         common   council   shall  meet  and  canvass   said   returns, 

and  declare  the  result  as  it  appears  from  the  same,  and 

the  clerk  shall  forthwith   give  notice  of  his   election   to 

each  officer  elected. 

As  amended  by  Section  5,  Chapter  144,  Laws  of  1875. 


19 


MII.WAUKEE  CITY  CHARTER. 


cause  of  vacancy. 


Special  elections. 


CHAP. 

2 

Section  13.  In  case  of  a  tie  vote,  or  a  failure  in  mak-  Tie  vote,  failure  to 
ing  an  election  of  any  officer,  or  in  case  of  the  dismissal  ^'ect,  or  other 
of  any  officer,  or  when  any  officer  elected  or  appointed 
for  the  city  shall  remove  his  residence  without  the  limits 
of  the  city,  or  when  any  officer  elected  or  appointed  in 
and  for  any  ward  or  division  of  the  city,  shall  remove  his 
residence  without  the  limits  of  such  ward  or  division,  or 
when  any  such  officer  shall  refuse  or  neglect  for  ten  days 
after  notice  of  his  election  or  appointment,  to  qualify 
and  enter  upon  the  discharge  of  the  duties  of  his  office, 
the  office  shall  be  deemed  vacant;  and  whenever  a  vacancy 
shall  occur  in  such  manner,  or  in  any  other  manner, 
in  any  office  to  be  filled  by  an  election  by  the  people, 
except  in  the  office  of  mayor  or  alderman,  the  common 
council  shall  order  a  special  election  upon  a  public  notice 
of  five  days,  to  be  given  in  like  manner  as  notice  is  given 
of  the  general  municipal  election,  for  the  election  of  a 
person  to  fill  such  vacancy.  And  whenever  the  vacancy 
shall  occur  in  any  office  to  be  filled  by  a  vote  of  the 
common  council,  the  same  proceedings  shall  be  had  for 
an  election  to  fill  such  vacancy  as  are  required  for  the 
election  of  any  officer  by  the  common  council. 

Amended  by  Section  6,  Chapter  144,  Laws  of  1875. 

Section  14.  Special  elections  by  the  people  to  fill  How  conducted. 
vacancies,  or  for  any  other  purpose,  shall  be  held  and 
conducted  by  the  inspectors  and  clerks  of  elections 
of  the  several  election  precincts,  in  the  same  manner, 
and  the  returns  thereof  shall  be  made  in  the  same  form 
and  manner  as  of  general  annual  municipal  elections, 
and  within  such  time  as  may  be  prescribed  by  ordinance. 


Section  15.     Every   person    elected   or  appointed  to   Rights  and  liabili- 
fill  a  vacancy,   shall  hold  his  office  and  discharge  the     appofnted?o°fi1l 
duties  thereof  for  the  unexpired   term,   with  the   same     vacancies. 
rights,  and  subject  to  the  same  liabilities  as  the  person 
whose  office  he  may  be  elected  or  appointed  to  fill. 


Section  16.     All  the  elective  city  and  ward   officers  Mayor— vacancy 
now  in  office,  shall  hold  their  respective  offices  until  the     ^^^  ^'"®^- 
expiration  of  the  terms  for  which  they  were  respectively 
elected   and  until  their  successors  shall  be  elected  and 
qualify  under  this  act. 


CHAP. 

2 


MILWAUKEE  CITY  CHARTER. 


20 


Section  17.  When  any  vacancy  shall  happen,  by 
death,  resignation,  removal  or  otherwise,  in  the  office 
of  mayor,  such  vacancy  shall  be  filled  by  a  new  election, 
and  the  common  council  shall  order  a  new  election  within 
ten  days  after  the  happening  of  such  vacancy,  provided 
more  than  six  months  of  the  term  shall  then  remain 
unexpired,  and  if  less  then  six  months  of  such  term  shall 
remain  unexpired,  the  common  council  may,  in  their 
discretion,  order  a  new  election  to  fill  such  vacancy. 

As  amended  by  Section  7,  Chapter  144,  Laws  of  1875. 
Note. — Elections  are  held  under  the  provisions  of  Chapter  288, 
Laws  of  1893.     It  is  deemed  inadvisable  to  insert  it  here. 


Mayor  to  appoint 
board  of  city  ser- 
vice commission- 
ers. 


Vacancy  in  office 
of  commissioner, 
how  filled. 


CHAPTER  313,  LAWS  OF  1895. 

Section  1.  The  mayor  of  each  city  in  this  state  of  the  first 
class,  or  of  the  second  class,  as  defined  by  section  1,  of  chapter  312, 
of  the  general  laws  of  Wisconsin,  enacted  in  1893,  whether  such 
city  be  incorporated  by  special  act  of  the  Legislature  or  under  the 
general  laws  of  the  state,  shall,  before  the  fifteenth  day  of  June, 
A.  D.  1895,  or  the  fifteenth  day  of  June  in  the  year  next  following 
the  first  state  or  national  census,  showing  such  city  to  belong  to 
either  said  first  or  said  second  class,  appoint  four  persons,  citizens 
and  residents  of  said  city,  who  shall  constitute  and  be  known  as 
the  board  of  city  service  commissioners  of  such  city,  and  shall 
designate  one  of  the  persons  so  appointed  to  seive  for  a  term  of 
four  years,  one  for  a  term  of  three  years,  one  for  a  term  of  two 
years,  and  one  for  a  term  of  one  year,  from  the  first  Monday  of 
July  in  the  year  of  their  appointment  and  until  their  respective 
successors  are  appointed  and  qualified;  and  in  each  and  every  year 
after  such  first  appointment,  the  mayor  shall  in  like  manner,  in 
the  month  of  June,  appoint  one  person  as  the  successor  of  the 
commissioner  whose  term  shall  expire  in  that  year,  to  serve  as 
such  commissioner  for  four  years  from  the  first  Monday  of  July 
then  next  ensuing  and  until  his  successor  is  appointed  and  quali- 
fied. Three  commissioners  shall  constitute  a  quorum  necessary 
for  the  transaction  of  business.  Any  vacancy  in  the  office  of  com- 
missioner occurring  during  the  term  shall  be  filled  for  the  unexpired 
term  by  appointment  by  the  mayor,  and  all  appointments,  both 
original  and  to  fill  vacancies,  shall  be  so  made  that  not  more  than 
two  commissioners  shall  at  the  time  of  any  appointment  be 
members  of  the  same  political  party.  Said  commissioners  shall 
hold  no  lucrative  office  or  employment  under  the  United  States, 
the  state  of  Wisconsin,  or  any  municipal  corporation  or  political 
division  thereof,  and  each  commissioner  shall,  before  entering 
upon  the  discharge  [of  the  duties]  of  his  office  and  within  ten 
days  after  receiving  notice  of  his  appointment,  take  and  subscribe 
the  oath  of  office  prescribed  by  the  constitution  of  this  state,  and 
file  the  same,  duly  certified  by  the  officer  administering  it,  with 
the  clerk  of  his  city,  and  no  salary  or  other  compensation  for  his 
services  shall  be  paid  to  any  such  commissioner. 


21 


MILWAUKEE   CITY    CHARTER. 


Section  2.  The  said  commissioners  shall  make  rules  adapted 
to  carry  out  the  purposes  of  the  act  and  not  inconsistent  with  its 
provisions,  for  the  examination  and  selection  of  persons  to  fill 
offices  and  positions  in  the  service  of  their  respective  cities,  which 
are  required  to  be  filled  by  appointment,  and  for  the  selection  of 
persons  to  be  employed  in  the  service  of  such  city.  All  rules  so 
made  shall  be  subject  to  the  approval  of  the  mayor  of  the  city,  and 
they  may  with  like  approval  be  from  time  to  time  altered  or 
rescinded  by  said  commissioners.  The  said  commissioners  shall 
supervise  the  administration  of  the  rules  so  established,  and  they 
shall,  on  or  before  the  fifteenth  day  of  March  in  every  year,  report 
to  the  mayor  their  doings  during  the  preceding  year,  including 
au}^  rules  adopted  under  the  provisions  of  this  section. 

Section  3.  The  rules  mentioned  in  section  2,  of  this  act  may 
be  made  from  time  to  time: 

1st.  For  open,  competitive  and  other  examinations  by  which 
to  test  applicants  for  office  or  for  employment  as  to  their  practical 
fitness  to  discharge  the  duties  of  the  positions  which  they  desire 
to  fill,  which  examinations  shall  be  public  and  free  to  all  citizens 
of  the  United  States,  with  proper  limitations  as  to  residence,  age, 
health,  sex,  habits  and  moral  character. 

2nd.  For  the  filling  of  vacancies  in  offices  and  places  of 
employment  in  accordance  with  the  results,  of  such  examinations, 
and  for  the  selection  of  persons  for  public  employment  in  accord- 
ance with  such  results,  or  otherwise,  as  may  seem  most  desirable 
to  carry  out  the  provisions  of  this  act. 

3rd.  For  promotions  in  office  or  positions  on  the  basis  of 
ascertained  merit  and  seniority  in  service  and  examination  as  may 
seem  desirable. 

4th.  For  a  period  of  probation  before  an  appointment  or 
employment  is  made  permanent. 

All  rules  made  as  provided  in  this  act  and  all  changes  therein 
shall  forthwith  be  printed  for  distribution  by  said  board. 

Section  4.  From  and  after  the  adoption  of  such  rules,  all 
appointments  to  subordinate  offices,  positions  and  employments  in 
the  several  departments  of  the  service  of  such  city  which  are 
subject  to  such  rules,  shall  be  made  by  the  respective  heads  of 
such  departments  under  and  in  conformity  with  the  provisions  of 
such  rules,  and  such  heads  of  departments  shall  respectively  have 
power  to  remove  or  discharge  at  pleasure  any  person  holding  any 
subordinate  office,  position  or  employment  in  their  respective 
departments. 

Section  5.  All  applicants  for  offices,  places  or  employments 
in  the  civil  service  of  such  city,  except  those  mentioned  in  section 
6,  shall  be  subject  to  examination  under  and  in  accordance  with 
the  rules  so  made  by  said  commissioners.  Such  examinations 
shall  be  practical  in  their  character  and  shall  relate  to  those 
matters  which  will  fairly  test  the  relative  capacity  and  fitness  of 
the  persons  examined  to  discharge  the  duties  of  the  particular 
service  to  which  they  seek  to  be  appointed,  and  shall  include  tests 
of  physical  qualifications  and  health,  and,  when  appropriate,  of 
manual  skill.     No  question   in   any  examination  shall  relate  to 


CHAP. 

2 

Commissioners  to 
make  rules  for 
examination  and 
selection  of  appli- 
cants. 


Rules  may  be 
made,  for  what. 


Appointments  to  be 
made  in  conform- 
ity with  rules. 


Applicants  for  offi- 
ces to  be  subject 
to  examination. 


CHAP.  •  MILWAUKEE   CITY   CHARTER.  22 

2 

political  or  religious  opinions  or  affiliations,  and  no  appointment 
or  selection  to  an  office  or  for  employment  within  the  scope  of  the 
rules  established  as  aforesaid,  shall  be  in  any  manner  affected  or 
influenced  by  such  opinions  or  affiliations. 

Officers  what  ex-  Section  6.  Officers  who  are  elected  by  the  people,  or  who  by 
empt  from  rules,  statute  are  required  to  be  elected  by  the  city  council,  inspectors 
and  clerks  of  election,  members  of  any  board  of  education,  the 
superintendents  and  teachers  of  schools,  heads  of  any  principal 
department  of  the  city,  all  members  of  the  law,  fire  and  police 
departments,  officers  and  clerks  for  the  faithful  discharge  of  whose 
duties  a  superior  officer  is  required  to  give  bond,  one  private 
secretary  of  the  mayor,  and  any  other  officers,  clerks  or  employes  in 
the  service  of  the  city  whose  positions,  in  the  judgment  of  the 
said  city  service  commissioners  cannot,  for  the  time  being,  be 
subjected,  with  advantage  to  the  public  service,  to  the  general 
rules  prepared  under  this  act,  shall  not  be  affected  as  to  their 
election,  selection  or  appointment,  by  such  rules  made  by  said 
commissioners. 

Facts  to  be  stated  Section  7.  Every  application;  in  order  to  entitle  the  applicant 
by  applicants.  ^°  appear  for  examination  or  to  be  examined,  must  state  the  facts 
under  oath  on  the  following  subjects:  (1)  full  name,  residence  and 
postoffice  address;  (2)  citizenship;  (3)  age;  (4)  place  of  birth;  (5) 
health  and  physical  capacity  for  the  public  service;  (6)  previous 
employment  in  the  public  service;  (7)  business  or  employment  and 
residence  for  the  previous  five  years;  (8)  education.  Such  other 
information  shall  be  furnished  by  the  applicant  as  may  reasonably 
be  required  by  the  board  touching  the  applicant's  fitness  for  the 
public  service. 

.  .        Section  8.     The  said  board  shall  appoint   a  chief  examiner 

examiner   who       whose  duty  it  shall  be,  under  their  direction,  to  superintend  any 

shall  be  e'x-officio    examinations  held   in   such   city  under  this  act,  and  who   shall 

secretary.  perform  such  other  duties  as  the  board  shall  prescribe.     Such  chief 

examiner  shall  be  ex-officio  secretary  of  said  board,   and  under 

the  direction   of  such   board   he,  as   such  secretary,  shall  keep 

minutes  of  its  proceedings,  preserve  all  reports  made  to  it,  keep  a 

record  of  all  examinations  held  under  its  direction,  and  perform 

such  other  duties  as  the  board  may  from  time  to  time  prescribe. 

^  I         .  Such  chief  examiner  shall  receive  a  salary  to  be  fixed  by  said 

examiner.  board  at  a  sum  not  exceeding  fifteen  hundred  dollars  a  year,  which 

shall  be  paid  monthly  by  the  city  on  the  certificate  of  the  president 

of  said  board.     He  shall  be  subject  to  removal  at  any  time  by  the 

«        .    '      _^         board.     The  said  board  of  commissioners  may  also  incure  such 
Commissioners  ^  j-       ^       -u     ^    ^  j  ^^ 

may  incur  ex-         expenses,  not  exceeding  five  hundred  dollars  a  year,  as  it  may 

penses.  deem  necessary,  for  printing  and  stationery  and  other  incidental 

matters. 

„       .  .  .    ,  Section  9.     The   board   shall   control   all  examinations,   and 

Board  to  control  ,  -.-...^i         ,  -.-^ 

examinations.         ™^y>    whenever  an   examination   is  to   take   place,  designate   a 

suitable  number  of  persons,  either  in  or  not  in  the  official  services 
of  the  city,  to  be  examiners,  and  it  shall  be  the  duty  of  such 
examiners,  and,  if  in  the  service  of  the  city,  it  shall  be  a  part  of 
their  official  duty,  without  extra  compensation,  to  conduct  examin- 
ations as  the  board  may  direct,  and  make  return  or  report  thereof 


23 


MIIvWAUKEE   CITY   CHARTER. 


to  such  board;  and  the  board  may  at  any  time  substitute  any  other 
person,  whether  or  not  in  such  service,  in  the  place  of  any  one  so 
selected,  and  the  board  may  themselves  at  any  time  act  as  such 
examiners  and  without  appointing  examiners.  The  examiners  at 
any  examination  shall  not  all  be  members  of  the  same  political 
party,  and  no  person  shall  serve  in  an  examination  of  candidates 
for  office  under  the  provisions  ot  this  act  in  case  of  a  relative  or 
connection  by  marriage  within  the  degree  of  first  cousin. 

Section  10.  Notice  of  the  time,  place  and  general  scope  of 
every  examination  shall  be  given  by  the  board  by  publication  for 
two  weeks  preceding  such  examination,  in  one  or  more  daily 
newspapers  of  general  circulation  published  in  such  city,  and 
such  notice  shall  also  be  posted  by  said  board  in  a  conspicuous 
place  in  their  office  two  weeks  before  such  examination.  Such 
further  notice  of  examinations  may  be  given  as  the  board  shall 
prescribe. 

Section  11.  From  the  returns  or  reports  of  the  examiners,  or 
from  the  examinations  made  by  the  board,  the  board  shall  prepare 
and  keep  a  register  for  each  grade  or  class  of  position  in  the 
service  of  such  city,  of  the  persons  whose  general  average  standing 
upon  examination  for  such  grade  or  class  is  not  less  than  the 
minimum  fixed  by  the  rules  of  such  board,  and  who  are  otherwise 
eligible;  and  such  persons  shall  take  rank  upon  the  register  as 
candidates  in  the  order  of  their  relative  excellence  as  determined 
by  examination,  without  reference  to  priority  of  time  of  examin- 
ation. 

Section  12.  Immediate  notice  in  writing  shall  be  given  by 
the  appointing  power  to  said  board  of  commissioners  of  all 
appointments,  permanent  or  temporary,  made  in  those  branches 
or  departments  of  the  civil  service  of  such  city  which  are  subject 
to  this  act  and  the  rules  of  said  board,  and  of  all  transfers,  pro- 
motions, resignations  or  vacancies  from  any  cause  in  such  service, 
and  of  the  date  thereof;  and  a  record  of  the  same  shall  be  kept  by 
said  board.  When  any  office  or  place  of  employment  subject  to 
such  rules  is  created  or  abolished,  or  the  compensation  attached 
thereto  is  altered,  the  officer  or  board  making  such  change  shall 
immediately  report  in  writing  to  said  board  of  commissioners. 

Section  13.  Said  board  of  commissioners  shall,  on  or  before 
the  fifteenth  day  of  March  in  each  year,  make  to  the  mayor  for 
transmission  to  the  city  council,  a  report  showing  its  own  action, 
the  rules  in  force,  the  practical  effects  thereof,  and  any  suggestions 
it  may  approve  for  the  more  effectual  accomplishment  of  the 
purposes  of  this  act.  The  mayor  may  require  a  report  from  said 
board  at  any  other  time. 

Section  14.  All  officers  of  any  such  city  shall  aid  said  board 
in  all  proper  ways  in  carrying  out  the  provisions  of  this  act,  and, 
at  any  place  where  examinations  are  to  be  held,  shall  allow  the 
reasonable  use  of  the  public  buildings  for  holding  such  examina- 
tions. The  mayor  of  each  city  shall  cause  suitable  rooms  to  be 
provided  for  said  board  at  the  expense  of  such  city;  and  a  sufficient 
sum  of  money  shall  be  appropriated  each  year  by  each  city  to  carry 
out  the  provisions  of  this  act  in  such  city. 


CHAP. 

2 


Examiners  not  all 
to  be  of  same 
political  party. 


Notice  of  examina- 
tion,  how  given. 


Board  to  keep  reg- 
ister. 


Immediate  notice 
to  be  given  com- 
missioners by  ap- 
pointing power. 


Board  to  make 
annual  report  to 
Mayor. 


City  officers  to  aid 
board  in  all 
proper  ways. 


CHAP.  MILWAUKEE   CITY   CHARTER.  24 

2 

Section  15.  No  person  or  officer  shall  wilfully  and  corruptly, 
by  himself  or  in  co-operation  with  one  or  more  other  persons, 
defeat,  deceive  or  obstruct  any  person  in  respect  to  his  or  her  right 
of  examination,  or  corruptly  or  falsely  mark,  grade,  estimate  or 
report  upon  the  examination  or  proper  standing  of  any  person 
examined  hereunder,  or  aid  in  so  doing  or  wilfully  or  corruptly 
make  any  false  representations  concerning  the  same  or  concerning 
the  person  examined,  or  wilfully  or  corruptly  furnish  to  any 
person  any  special  or  secret  information  for  the  purpose  of  either 
improving  or  injuring  the  prospects  or  chances  of  any  person  so 
examined,  or  to  be  examined,  being  appointed,  employed  or 
promoted. 

Section  16.  No  accounting  or  auditing  officer  shall  allow  the 
claim  of  any  public  officer  for  services  of  any  deputy  or  other 
person  employed  in  the  public  service  in  violation  of  the  provisions 
of  this  act. 

Board  to  certify  to  Section  17.  The  board  of  city  service  commissioners  shall 
comptroller  all  certify  to  the  comptroller  all  appointments  to  offices  and  places  in 
appointments.  the  civil  service  of  the  city,  subject  to  their  rules,  and  all  vacancies 
occurring  therein,  whether  by  dismissal,  resignation  or  death.  No 
comptroller  of  any  such  city  shall  approve  the  payment  of  or  be 
in  any  manner  concerned  in  paying  any  salary  or  wages  to  any 
person,  subject  to  such  rules,  for  services  as  an  officer  or  employe 
of  such  city,  before  the  appointment  of  such  person  to  the  city 
service  has  been  certified  by  the  board  to  the  comptroller,  nor 
after  the  vacation  of  such  person's  office  or  employment  shall 
have  been  so  certified. 

Salary  of  appointee  Section  18.  No  paymaster,  treasurer  or  other  officer  or  agent 
to  commence,  of  such  city  shall  wilfully  pay,  or  be  in  any  manner  concerned  in 
when.  paying,  any  person  subject  to  the  rules  adopted  by  said  commis- 

sioners under  this  act,  any  salary  or  wages  for  services  as  an  officer 
or  employe  of  such  city,  before  the  appointment  of  such  person 
to  the  civil  service  of  such  city  has  been  certified  by  the  board  to 
the  comptroller,  nor  after  the  vacation  of  such  person's  office  or 
employment  shall  have  been  so  certified. 

Penalty  for  viola-  Section  19.  Any  person  who  shall  wilfully,  or  through 
tion  of  act.  culpable  negligence,  violate  any  provision  of  this  act  or  any  rule 

promulgated  in  accordance  with  the  provisions  thereof,  shall  be 
guilty  of  a  misdemeanor,  and  shall,  on  conviction  thereof,  be 
punished  by  a  fine  not  less  than  fifty  dollars,  and  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  for 
a  term  not  exceeding  six  months,  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  of  thecourt. 

Officers  convicted         Section  20.     If  any  person  shall  be  convicted  under  the  next 

how  punished.     '    preceding  section,  any  public  office  which  such  person  may  hold 

shall,  by  force  of  such  conviction,  be  rendered  vacant,  and  such 

person  shall  be  incabable  of  holding  office  for  the  period  of  five 

years  from  the  date  of  such  conviction. 

Prosecutions  bv  Section  21.     Prosecutions  for  violations  of  this  act  may  be 

whom  conducted,    instituted  either  by  the  attorney  general,  the  state's  attorney  for 

the  county  in  which  the  offense  is  alleged  to  have  been  committed, 


25 


MILWAUKEE   CITY   CHARTER. 


or  by  the  board  acting  through  special  counsel.  Such  prosecution 
shall  be  conducted  and  controlled  by  the  prosecuting  officers  who 
institute  them,  unless  they  request  the  aid  of  other  prosecuting 
officers. 

Section  22.  All  acts  and  parts  of  acts,  including  all  provisions 
of  any  city  charter,  so  far  as  they  conflict  or  are  inconsistent  with 
the  provisions  of  this  act,  are  hereby  repealed. 


CHAP. 

2 


CHAPTEB  499,  LAWS  OF  1889. 

Section  1.     The    general    law   requiring    the    registration    of  Registration  of 

electors,  shall  apply  to  the  annual  municipal  and  judicial  elections  electors,  to  apply 

in  all  towns,    villages   and   cities  in   which   registration   is  now  to  municipal  and 
required  at  general  elections. 


judicial  elections. 


CHAPTER  16,  LAWS  OF  1887. 

Section  1.  In  all  cities  in  this  state,  which  by  the  census  of 
1880  contained  a  population  in  excess  of  fifty  thousand,  the 
inspectors  of  election  and  clerks  of  election  heretofore  appointed 
under  the  provisions  of  chapter  389,  of  the  laws  of  1885,  and  by 
the  said  chapter  constituting  the  boards  of  registry  in  the  different 
wards  or  election  precincts  of  said  city,  and  all  inspectors  of  elec- 
tion and  clerks  of  election  hereafter  appointed  in  any  such  city, 
according  to  the  provisions  of  said  chapter,  shall  hereafter  do  and 
perform  each  and  all  the  duties  in  said  chapter  specified  and 
required  to  be  done  and  performed  by  them,  as  such  boards  of 
registry  in  reference  to  every  general  election,  also  in  reference  to 
every  judicial  and  annual  municipal  election  held  within  their 
precincts  during  their  term  of  office;  provided,  that  in  making  the 
register  lists  for  a  municipal  election  in  any  such  city,  it  shall  be 
the  duty  of  the  board  of  registry  in  each  election  precinct  to  take 
and  to  use  the  poll  lists  kept  in  such  precinct  at  the  last  previous 
annual  municipal  election,  for  the  same  purpose  and  in  the  same 
manner  as  is  prescribed  in  section  3,  of  said  chapter  389,  for  the 
taking  and  use  by  such  boards  of  the  poll  list  kept  at  the  last 
preceding  general  election  in  making  the  registry  lists  for  a 
general  election. 

Section  2.  In  case  a  new  election  district  shall  be  formed  at 
any  time,  by  the  division  of  any  ward,  or  in  any  other  way,  the 
inspectors  of  election  in  such  new  district  shall  make  their  registry 
of  electors  on  the  days  prescribed  by  this  act,  and  for  that  purpose 
the}-  shall  procure  the  poll  list  or  lists  or  a  certified  copy  of  the 
poll  list  or  lists  of  the  last  preceding  general  or  annual  municipal 
election,  as  the  case  may  be,  of  the  district  or  districts  in  which 
such  new  district  is  situated,  and  shall  enter  on  the  registry  list 
made  by  them,  the  names  of  all  persons  residing  in  such  new 
district,  whose  names  appear  on  such  poll  list,  or  on  either  such 
poll  lists,  if  more  than  one,  the  number  of  the  dwelling  and  name 
of  street  or  other  location,  if  the  same  shall  be  known  to,  or  can 
be  ascertained  by  such  inspectors.  In  case  such  new  election 
district  shall  be  formed  wholly  or  in   part  out  of  territory   not 


Amending  chapter 
389,  laws  1885, 
regarding  the  ap- 
pointment of  in- 
spectors and  reg- 
istration of  elec- 
tors in  cities  of 
50,000  inhabit- 
ants or  over,  cen- 
sus 1880. 


Section  4,  chapter 
389,  amended, 
inspectors  in  new 
districts  to  make 
registry  lists, 
when. 


CHAP. 

2 


MILWAUKEE   CITY   CHARTER. 


26 


Separate  registt7 
lists  to  be  made 
of  persons  quali- 
fied to  vote  at 
judicial  elections, 
when. 


within  the  city  at  the  last  preceding  annual  municipal  election, 
then  the  poll  list  kept  at  the  last  preceding  general  election  of  the 
district  in  which  such  new  district  or  part  of  new  district  is 
situated,  shall  be  taken  and  used  by  the  board  of  registry  in 
making  up  the  registry  list  for  the  next  annual  municipal 
election. 

Section  3.  Whenever  there  shall  be  a  judicial  election  on  the 
same  day  as  a  municipal  election  in  any  such  city,  and  it  shall 
appear  to  the  board  of  registry  of  any  precinct  that  any  person  is 
a  qualified  elector  to  vote  at  the  judicial  election  in  such  precinct, 
but  is  not  a  qualified  elector  to  vote  for  municipal  oflBcers  at  such 
election,  it  shall  be  the  duty  of  the  board  to  make  a  separate 
registry  list,  which  shall  contain  the  names,  number  of  dwelling, 
and  name  of  street,  or  other  location,  if  the  same  shall  be  known 
to  or  can  be  ascertained  by  such  board,  of  all  persons  in  their 
precinct  qualified  to  vote  at  the  judicial  election,  and  not  qualified 
to  vote  for  municipal  officers,  and  the  vote  of  such  persons  may  be 
received,  subject  to  the  restrictions  and  regulations  of  said  chapter 
389,  at  the  judicial  election,  but  they  shall  not  be  received  for 
municipal  officers,  and  separate  poll  lists  of  all  such  voters  shall 
be  made  and  kept  at  such  election. 


Clerk  or  inspector 
not  to  issue  or 
write,  change  or 
alter  any  ticket  or 
ballot  on  election 
day,  or  disclose 
howelectorvoted, 
unless  required  to 
do  so  as  a  witness 
in  judicial  pro- 
ceedings-penalty. 


CHAPTEK  499,  LAWS  OF  1887. 

Section  1.  It  shall  be  unlawful  for  any  clerk  or  inspector  of 
elections  to  issue  or  write,  change  or  alter,  for  any  person  on  the 
day  of  any  election  any  ticket  or  ballot,  and  any  such  officer  who 
shall  violate  the  foregoing  provisions,  or  who  shall  mark  any 
ballot  or  ticket  except  as  provided  by  law,  or  who  shall  disclose 
how  any  elector  shall  have  voted,  unless  required  to  do  so  as  a 
witness  in  a  judicial  proceeding,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars,  or  by  imprisonment  not  exceeding 
six  months,  or  both,  in  the  discretion  of  the  court. 

Section  2.  This  act  shall  take  eflfect  and  be  in  force  from  and 
after  its  passage  and  publication. 

Note. — Although  not  in  terms  repealed  by  Chapter  288,  Laws 
of  1893,  the  three  foregoing  statutes  are  rendered  practically 
obsolete  by  that  enactment. 


CHAPTER  III. 

GENERAL   POWERS   AND   DUTIES   OF   OFFICERS. 

Oath  of  office.  SECTION  1.     Every  person  elected  or  appointed  to  any 

office  under  this  act,  shall,  before  he  enters  upon  the 
duties  of  his  office,  take  and  subscribe  the  oath  of  office 
prescribed  in  the  constitution  of  this  state,  and  file  the 
same  duly  certified  by  the  officer  administering  the  same 
with  the  clerk  of  the  city;  and  the  treasurer,  comptroller, 


27  MILWAUKEE   CITY   CHARTER.  CHAP. 

3 

clerk,  constable,  and  such  other  officers  as  the  common 

council  may  direct,  shall  each,  before  entering  upon  the 

duties  of  his  office,  execute  to  the  city  of  Milwaukee  a 

bond,  with  two  or  more  sureties,  the  aggregate  amount  official  bonds. 

of  whose  property  within  this  state,  over  and  above  all 

their  respective  debts,  exemptions  and  liabilities,  as  shown 

by  their  affidavits  attached  to  or  endorsed  on  such  bond, 

shall  be  at  least  double  the  sum  named  as  the  penalty  in 

such  bond;    and  said  bonds  shall   respectively  contain 

such   penal  sums  and  such  conditions  as  the  common   How  executed,  ap- 

council  may  deem   proper,  and  shall  be  subject  to  the     proved  and 
.     r      •  1  -1        A     1  .1  -1  deposited, 

approval  of  said  council.     And  the  common  council  may 

from  time  to  time  require  new  or  additional  bonds,  and 
remove  from  office  any  officer  refusing  or  neglecting  to 
give  the  same.  All  official  bonds  executed  to  the  city  of 
Milwaukee,  except  that  of  the  city  clerk,  shall  be  filed 
with  and  safely  preserved  by  the  city  clerk  in  his  office, 
unless  the  common  council  shall  otherwise  direct.  The 
bonds  of  all  officers  who  may  be  charged  with  the  collec- 
tion or  safe  keeping,  or  with  the  disposition  or  disburse- 
ment of  any  of  the  funds  of  said  city,  or  may  have  any 
control  over  such  funds  at  any  time,  shall  be  duly 
witnessed  and  acknowledged,  and  recorded  in  the  office 
of  the  register  of  deeds  of  the  county  of  Milwaukee.  And  certified  copies  to 
the  city  clerk  shall,  immediately  after  the  filing  of  any  be  delivered  to  the 
such  bond  in  his  office,  make  and  deliver  a  true  copy  ^°'"P  ""^  ^^' 
thereof,  duly  certified  by  him  under  the  corporate  seal  of 
the  city,  to  the  city  comptroller,  who  shall  preserve  the 
same  in  his  office.  The  said  certified  copy  on  file  with 
the  comptroller,  or  transcripts  from  the  record  of  such 
bonds  in  the  office  of  the  register  of  deeds  duly  certified  by 
said  register  shall  be  evidence  of  the  due  execution  and 
contents  of  the  bond  so  recorded,  in  case  of  loss  of  the 
originals.  The  bond  of  the  city  clerk  shall  be  filed  with 
the  city  comptroller. 

As  amended  by  Section  8,  Chapter  144,  Laws  of  1875. 

Section  2.  The  mayor  shall  take  care  that  the  laws  Duties  of  the 
of  the  state  and  the  ordinances  of  the  city  are  duly  ob-  Mayor, 
served  and  enforced;  and  that  all  officers  of  the  city  dis- 
charge their  respective  duties.  He  shall  from  time  to 
time,  give  the  common  council  such  information,  and 
recommend  such  measures,  as  he  may  deem  advantageous 
to  the  city.     The  mayor  shall  be  the  chief  executive 


MILWAUKEE   CITY   CHARTER, 


28 


CHAP. 

3 

Mayor  head  of  fire  officer,  and  the  head  of  the  fire  department,  and  of  police, 
partments^  "  ^^  ^^^  city;  and  in  case  of  a  riot  or  other  disturbance,  or 
whenever  he  and  the  chief  of  police  shall  deem  it  neces- 
sary for  the  prevention  of  threatened  disorder  or  for  the 
preservation  of  public  peace  and  the  good  order  of  the 

Special  police.  city,  they  may  appoint  as  many  special  or  temporary 
policemen  as  they  may  deem  necessary.  Such  special  or 
temporary  policemen  shall  serve  for  such  length  of  time  as 
the  mayor  and  chief  of  police  shall  deem  necessary  and 
shall  receive  such  compensation  for  their  services  as  the 
common  council  shall  provide  or  direct,  but  the  term  of 
said  special  policemen  shall  in  no  case  exceed  the  time  of 
two  weeks. 

As  amended  by  Section  2,  Chapter  324,  Laws  of  1882. 


President  of  the 
council. 


May  discharge 
duties  of  Mayor. 


Section  3.  The  common  council  shall,  at  the  first 
meeting  for  organization  each  year  after  the  annual  city 
election  choose  by  ballot  from  their  number,  a  president, 
who  shall  preside  over  their  meetings  for  the  ensuing 
year.  In  case  of  a  vacancy  in  the  office  of  mayor,  or  of 
his  being  unable  to  perform  the  duties  of  his  office  by 
reason  of  absence  or  sickness,  the  president  of  the  com- 
mon council  shall  have  and  exercise  all  the  powers  and 
discharge  all  the  duties  of  the  mayor,  until  the  mayor 
shall  resume  his  office,  or  the  vacancy  shall  be  filled  by  a 
new  election. 


City  Clerk.  SECTION  4.     The  clerk  shall  be  elected  by  the  com- 

mon council  for  the  term  of  two  years.     He  shall  keep 
the  corporate  seal  and  all  papers  and  records  of  the  city. 
It  shall  be  his  duty  to  attend  all  meetings' of  the  com- 
mon council  and  to  keep  a  full  record  of  their  proceedings. 
His  term  of  office,   He  shall  draw  and  sign  all  orders  on  the  treasury  (except 
duties,  etc.  as  otherwise  provided  in  this  act),  in  pursuance  of  an 

order  or  resolution  of  the  common   council,   and  shall 
keep  a  full  and  correct  account  thereof,   in  books  pro- 
vided for  that  purpose.     Copies  of  any  and  all  books, 
papers,  instruments  or  documents  duly  filed  and  kept  in 
his  office,   and  of  the  endorsements  thereon,  and  tran- 
scripts from  the  records  of  the  proceedings  of  the  com- 
Copies  of  records  ^^^  council,  certified  by  him  under  the  corporate  seal  of 
when  certified  by  the  city,  shall  be  evidence  in  all  courts  and  places  of  the 
jgnce.  contents  thereof  and  of  such  endorsements  in  like  manner 

and  with  the  same  force  and  effect  as  if  the  originals  were 
produced.     He  shall  also  have  power  to  administer  oaths 


29  MILWAUKEE   CITY   CHARTER.  CHAP. 

3 

and  affirmations,  authorized  to  be  taken  by  and  under  May  administer 
the  laws  of  this  state;    and   shall    perform    such   other     oaths, 
duties  as  may  be  required  of  him  by  the  common  council. 

Section  5.  The  city  attorney  shall  conduct  all  the  city  attorney.duties 
law  business  of  the  corporation,  and  of  the  departments  o**^^c  office,  etc. 
thereof,  and  all  other  law  business  in  which  the  city  shall 
be  interested  when  so  ordered  by  the  common  council. 
He  shall,  when  required,  furnish  written  opinions  upon 
subjects  submitted  to  him  by  the  mayor,  or  the  common 
council,  or  any  of  its  committees,  or  any  other  depart- 
ment of  the  municipal  government.  He  shall  keep  a 
docket  of  all  the  cases  to  which  the  city  may  be  a  party 
in  any  court  of  record,  in  which  shall  be  briefly  entered 
all  steps  taken  in  each  cause,  and  which  shall,  at  all  times, 
be  opened  to  the  inspection  of  the  mayor,  comptroller, 
or  any  committee  of  the  common  council.  It  shall  also 
be  the  duty  of  the  city  attorney  to  draft  all  ordinances, 
bonds,  contracts,  leases,  conveyances,  and  other  such 
instruments  of  writing  as  may  be  required  by  the  business 
of  the  city;  to  examine  and  inspect  tax  and  assessment 
rolls,  and  all  proceedings  in  reference  to  the  levying  and 
collection  of  taxes  and  assessments;  and  to  perform  such 
other  duties  as  may  be  prescribed  by  the  charter  and 

ordinances  of  the  city.     He  shall  have  power  to  appoint  „ 

,     „    ,  i      .      1  ^        ,,  May  appoint  an 

an    assistant,    who  shall   be   authorized   to    do   all    acts     assistant. 

required  by  law  of  the  city  attorney:  provided,  that  the 

city  attorney  shall  be  responsible  to  the  city  for  all  the 

acts  of  such  assistant.     In  case  of  a  vacancy  in  the  office  vagancv  of  citv 

of  city  attorney  of  the  city  of  Milwaukee,  the  assistant     attorney,  how 

city  attorney  shall  have  full  power  and  authority,  and  it     *'"®^' 

is  hereby  made  his  duty  to  exercise  the  office,  and  perform 

the  duties  of  city  attorney  until  such  vacancy  shall  be 

filled  in   the  manner   provided   by  law    at   the   ensuing 

general  municipal  election. 

As  amended  by  Section  1,  Chapter  196,  Laws  of  1885,  and 
Chapter  188,  Laws  of  1889.  See  also  section  1,  Chapter  103,  Laws 
1883. 

By  ordinance  No.  85,  passed  July  10,  1894,  the  appointment  of 
au  additional  assistant  city  attorney  was  authorized. 

Section  6.     The   treasurer   shall    receive  all  moneys  city  treasurer, 
belonging  to  the  city,  and  shall  keep  an  accurate  account 
of  the  same  in  suitable  books  to  be  provided  for   that 
purpose.     He   shall  also,  on  the  first  Monday   of  each 


CHAP. 

3 

Shall  report 
receipts,  dis- 
bursements, etc. 


MILWAUKEE   CITY   CHARTER. 


30 


Report  to  be  pub- 
lished. 


month,  make  a  report  to  the  common  council,  embracing 
a  statement  of  the  receipts  and  disbursements  in  his 
office  siiice  the  last  preceding  monthly  report,  on  account 
of  the  general  fund  and  of  each  fund  which  he  is  required 
to  keep  distinct  and  separate  from  other  funds  in  the  city 
treasury;  and  also  the  total  receipts  and  disbursements 
during  the  same  time;  and  the  condition  of  each  of  such 
funds  at  the  date  of  the  report.  Such  reports  when  made 
shall  be  published  with  the  proceedings  of  the  common 
council,  when  the  common  council  shall  so  direct. 


Annual  statement. 


Section  7.  On  the  first  Monday  in  April  in  each 
year,  the  treasurer  shall  file  in  the  office  of  the  city  comp- 
troller a  statement  showing  the  monthl}^  receipts  and 
disbursements  of  the  preceding  year,  on  account  of  the 
general  city  and  ward  funds;  such  statement  to  embrace 
the  gross  amounts  of  receipts  and  disbursements  set  forth 
in  the  monthly  reports  provided  for  in  the  next  preceding 
section. 


Other  official 
duties,  compen- 
sation, etc. 


Dismissal. 


Section  8.  The  common  council  shall  have  power 
from  time  to  time  to  require  other  and  further  duties  to 
be  performed  by  any  officer  whose  duties  are  herein  pre- 
scribed; and  to  appoint  such  other  officers  as  in  their 
judgment  may  be  necessary  to  carry  into  effect  the  pro- 
visions of  this  act,  and  to  prescribe  their  duties;  and  to 
fix  the  compensation  of  all  officers  elected  or  appointed, 
when  the  same  shall  not  be  fixed  by  law;  such  compen- 
sation shall  be  fixed  by  resolution  or  ordinance  at  the 
time  the  office  is  created,  or  as  soon  as  practicable  after 
the  commencement  of  the  municipal  year,  and  shall  not 
be  increased  or  diminished  during  the  term  such  officer 
shall  remain  in  office.  The  common  council  shall  also 
have  power  to  dismiss  any  officer  appointed  by  said 
council  under  the  provisions  of  this  section,  at  any  time 
when  in  the  judgment  of  the  common  council  the  services 
of  such  officer  are  no  longer  needed. 


Proposals  to  do 
city  printing,  when 
to  be  made,  what 
to  contain. 


Section  9.  The  common  council  shall,  on  or  before 
the  first  Tuesday  in  April,  A.  D.,  1891,  and  on  or  before 
the  same  day  in  each  year  thereafter,  direct  the  city  clerk 
of  said  city  to  advertise  in  one  English,  one  German  and  one 
Polish  newspaper,  published  in  said  city,  for  proposals  to 
do  the  advertising  for  the  said  city  for  the  next  ensuing 
year  thereafter,  of  all  ordinances,  notices  and  all  the  city 


31  MILWAUKEE   CITY   CHARTER.  CHAP. 

3 

advertising  required  by  law,  or  by  resolution  or  ordinance 
of  the  common  council  to  be  published  in  a  newspaper, 
and  also  for  proposals  to  publish  the  proceedings  of  the 
common  council  as  may  be  ordered  by  the  council;  such 
advertisement  shall  invite  separate  bids  for  the  adver- 
tising required,  and  for  publishing  the  proceedings  of  the 
common  council,  and  shall  invite  such  bids  from  the 
English,  the  German  and  the  Polish  newspapers,  pub- 
lished daily  in  said  city  for  at  least  two  consecutive  years 
prior  to  the  date  of  the  bids,  and  shall  require  the  delivery 
of  such  proposals,  stating  whether  in  English,  in  German 
or  in  Polish,  in  writing  duly  sealed  and  directed  to  said 
clerk,  on  or  before  the  third  Tuesday  of  April,  of  the  then 
current  year.     No  bids  for  either  kind  of  work  shall  be  Bids  of  publishers 

considered  by  said  clerk,  except  from  a  daily  newspaper     of  daily  papers 

,.,,        ,  ,,.'..  .,.  1  only  to  be  con- 

wnich  has  been  published  m  said  city  at  least  two  years     sidered,  certifi- 

consecutively  next  before  the  date  of  the  bid,  and  no  bid  cate  of  deposit 
shall  be  considered,  unless  accompanied  by  a  certificate 
from  the  city  treasurer,  showing  that  the  bidder  has 
deposited  with  him  five  hundred  dollars  in  money  or 
United  States  bonds,  and  a  written  agreement  executed  by 
said  bidder  under  seal,  to  the  effect  that  if  such  bid,  either 
for  advertising  or  publishing  proceedings,  be  accepted; 
and  upon  being  notified  thereof,  such  bidder  shall  fail  to 
enter  into  and  execute  a  contract  for  the  advertising  or 
the  publication  of  proceedings,  or  for  both,  as  required  by 
this  act  within  the  time  prescribed  by  said  clerk,  said 
advertisement  then  and  in  such  case  the  said  five  hundred 
dollars  shall  become  absolutely  forfeited  to  said  city. 
If  a  bid  be  rejected  in  case  the  bidder  makes  but  one,  and 
if  both  bids  be  rejected  in  case  the  bidder  makes  two  bids, 
the  said  certificate  of  the  city  treasurer  and  such  agreement 
and  said  five  hundred  dollars  shall  be  thereupon  returned 
to  the  bidder.  The  said  clerk  shall,  on  the  third  Tuesday,  Bids  to  be  opened, 
in  April  in  each  year,  at  12  o'clock  at  noon,  in  the  ^^^^  ^"^  ^'ow. 
presence  of  the  mayor,  open  all  such  bids  or  proposals, 
and  shall  thereupon,  in  the  presence  of  the  mayor,  enter 
upon  a  record  to  be  kept  by  the  clerk  for  that  purpose, 
all  the  said  proposals  for  either  kind  of  work,  either  in 
English,  German  or  Polish,  with  the  respective  prices  for 
which  such  newspapers  shall  offer  to  do  either  the  adver- 
tising or  the  publication  of  the  proceedings  of  the  common 
council.  And  thereupon  said  clerk  shall  transmit  all 
such  proposals  to  the  common  council,  at  the  next  regular 


CHAP. 

3 


MILWAUKEE   CITY   CHARTER. 


32 


Council  to  set 
price. 


Papers  having 
largest  circula- 
tion to  have 
preference,  when. 


meeting  thereof  held  after  the  opening  of  such  proposals 
and  a  statement  of  all  such  proposals  designating  therein 
the  English  newspaper  or  newspapers,  the  German  news- 
paper or  newspapers,  and  the  Polish  newspaper  or 
newspapers,  which  shall  respectively  do  such  advertising  or 
such  publication  of  proceedings  or  both  of  them,  at  the 
lowest  price,  for  the  year  ensuing.  If,  however,  any  two 
or  more  bids,  either  for  advertising  or  for  publishing  the 
proceedings  either  in  English,  German  or  Polish,  shall  be 
for  the  same  price,  then  all  such  facts  shall  be  stated. 
The  common  council  shall  thereupon  at  said  meeting 
thereof  by  its  resolution  designate  and  award  such  adver- 
tising and  such  publication  of  council  proceedings  to  the 
English  newspaper  or  newspapers,  the  German  newspaper 
or  newspapers  and  the  Polish  newspaper  or  newspapers  so 
published  in  the  said  city,  which  shall  respectively  offer  to 
do  such  advertising  and  such  publication  of  proceedings, 
or  either  at  the  lowest  price  for  the  3^ear  then  ensuing.  Pro- 
vided, that  in  case  only  one  Polish  paper  should  bid  for 
the  publication  of  such  proceedings  and  said  advertising, 
and  such  bid  should  be  higher  than  the  lowest  bid  for  the 
publication  of  such  proceedings  and  such  advertising  in 
German,  then  the  common  council  shall  set  the  price  for 
such  publication  of  said  proceedings  and  said  advertising 
in  the  Polish  paper  equal  to  the  price  to  be  paid  to  the 
German  newspaper  or  newspapers  to  which  contracts  for 
publication  of  said  proceedings  and  said  advertising  in 
German  have  been  or  may  be  at  that  time  awarded.  And 
if  two  or  more  bids  shall  be  received  for  either  the  adver- 
tising or  the  publication  of  the  proceedings  in  either 
English,  German  or  Polish,  for  the  same  price,  then  and 
in  such  case  such  advertising  or  such  publication  of  the 
proceedings  or  both,  shall  be  so  let  to  the  newspapers,  in 
either  such  language,  having  the  largest  circulation  in 
said  city,  and  the  publishers  of  the  newspapers  to  which 
such  advertising  or  publication  of  proceedings,  or  both, 
shall  be  awarded  as  aforesaid,  shall  respectively  there- 
upon give  bond  in  the  sum  of  two  thousand  dollars  for 
the  faithful  performance  of  said  contract,  which  bond 
shall  be  approved  by  the  comptroller  of  said  city 
as  to  the  surities  therein,  and  by  the  city  attorney 
as  to  the  form  and  execution  thereof.  Provided,  that 
in  case  both  the  advertising  and  the  publication  of 
proceedings,    either    in    English,    German    or    Polish, 


33  MILWAUKEE   CITY   CHARTER.  CHAP. 

3 

shall  be  let  to  the  same  newspaper  then  the  penalty  of 
such  bond  shall  be  four  thousand  dollars.  And  when- 
ever the  successful  bidder  for  the  advertising  or  for  the 
publication  of  proceedings  as  aforesaid,  or  for  both, 
shall  have  executed  the  contract  and  bond  aforesaid,  and 
such  bond  shall  have  been  duly  approved  as  aforesaid, 
the  sum  of  five  hundred  dollars,  deposited  with  the  city 
treasurer  by  such  bidder,  in  accordance  with  this  act  shall 
be  returned  to  the  said  bidder  in  accordance  with  the  provi- 
sions hereintofore  set  forth.  Such  newspapers  shall  there- 
upon become  liable  to  print  and  publish  all  such  ordin- 
ances, notices,  council  proceedings  and  other  proceeding 
as  are  required  by  the  charter  of  the  city  of  Milwaukee  or  by 
resolution  or  ordinance  of  the  common  council,  to  be  pub- 
lished in  a  public  newspaper,  and  which  such  newspaper 
shall  have  contracted  to  publish ,  for  the  compensation  speci- 
fied in  such  proposals  and  contract,  and  shall  receive  no 
other  compensation  therefor,  provided,  however,  that  said 
common  council  may,  in  its  discretion,  reject  any  or  all  bids  Council  may  reject 
so  made,  that  by  said  common  council  shall  be  deemed  '        ' 

exorbitant  or  too  high  and  in  case  of  the  rejection  of  all 
bids  for  either  advertising  or  publication  of  proceedings, 
for  such  cause  it  shall  thereupon  be  the  duty  of  the  said 
common  council  to  direct  said  city  clerk  to  re- advertise 
for  proposals  for  such  advertising  or  publication  of  pro- 
ceedings, as  the  case  may  be,  in  the  same  manner  as 
hereinbefore  in  this  act  provided,  and  the  said  clerk  shall 
thereafter  transmit  to  said  common  council  the  proposals 
so  received  by  him,  in  the  manner  aforesaid.  The  said 
common  council  shall  designate  the  English,  the  German, 
and  Polish  newspapers  receiving  the  contract  for  such 
advertising  as  the  proper  ofiicial  newspapers  of  the  said 
city. 

As  amended  by  Chapter  498,  1887. 

Previously  amended  by  Chapter  136,  1878;  297,  1877. 

As  amended  by  Chapter  66,  Laws  of  1891. 

Chapter  297,  Laws  of  1877,  made  a  material  change  in  this  sec- 
tion, as  it  appeared  in  Chapter  184,  Laws  of  1874.  The  effect  of 
the  amendment  is  considered  and  construed  in 

Wright  vs.  Forristal,  65  Wisconsin  341. 

Section  10.     The  city  printer  or  printers,    immedi-  Proof  of  official 
ately  after  the  publication  of  any  notice,  ordinance  or     publication, 
resolution,  which  by  this  act  is  required  to  be  published. 


CHAP.  MILWAUKEE   CITY   CHARTER.  34 

3 

shall  file  with  the  clerk  of  the  city  a  copy  of  such  publi- 
cation, with  his  or  their  affidavit,  or  the  affidavit  of  his  or 
their  foreman,  of  the  length  of  time  the  same  has  been 
published;  and  such  affidavit  shall  be  conclusive  evidence 
of  the  publication  of  such  notice,  ordinance  or  resolution. 

Delivering  properly  SECTION  11.  If  any  person,  having  been  an  officer  in 
to  successor  in  said  city,  shall  not,  within  ten  days  after  notification 
®  ^®"  and  request,  deliver  to  his  successor  in  office,   all  prop- 

erty, books,  papers  and  effects  of  every  description,  in  his 
possession,  belonging  to  said  city  or  pertaining  to  the 
office  he  may  have  held,  he  shall  forfeit  and  pay  to  the  use 
of  the  city  one  hundred  dollars,  besides  all  damages 
caused  by  his  neglect  or  refusal  so  to  deliver;  and  such 
successor  may  recover  the  possession  of  such  books, 
papers  and  effects  in  the  manner  prescribed  by  the  laws 
of  this  state. 

CITY  COMPTROLLER. 

Comptroller  shall  SECTION.   12.     The  city  comptroller  shall  report  annu- 

make  annual         ally  on  or  about  the  first  day  of  January,   to  the  com- 
^^^^  mon  council,  a  statement  in  detail  of  the  expenses  of  the 

city  and  of  the  several  wards  during  the  preceding  year, 
and  likewise  a  detailed  estimate  of  the  revenue  necessary 
to  be  raised  for  the  ensuing  year;  and  the  fiscal  year  of 
the  city  shall  commence  on  the  first  day  of  January. 

As  amended  by  Section  1,  Chapter  311,  Laws  of  1876. 

Shall  examine  and  SECTION  13.  He  shall  examine  all  estimates  of  work 
countersign  con-  to  be  done  by  the  board  of  public  works  of  the  city, 
tracts.  ^jj^  countersign  all  contracts  entered  into  by  said  board 

of  public  works,  and  all  certificates  of  work  given  by 
them;  and  also  all  contracts  made  in  behalf  of  the  cit)^; 
and  no  contract  entered  into,  or  certificate  issued  against 
property  shall  be  of  any  validity  unless  countersigned  by 
the  comptroller,  except  as  otherwise  expressly  provided 
in  this  act. 

As  amended  by  section  3,  Chapter  324,  Laws  of  1882. 

Shall  keep  a  list  of       SECTION  14.     He  shall  keep  a  list  of  all  certificates 

certificates  issued  against  property  in  each    ward,  and  at  the  last 

Ifrop^erty^^'"^*       regular  meeting  of  the  common  council  in  November, 

shall  report  to  the  council  a  schedule  of  all  the  lots  or 

parcels  of  land  within  the  several  wards,  which  under  this 


35  MILWAUKEE  CITY  CHARTER.  CHAP. 

3 

act,  may  be  subject  to  any  special  tax  or  assessment,  and 
also  the  amount  of  such  special  tax  or  assessment  which 
it  may  be  necessary  to  levy  on  each  such  lot  or  parcel 
of  land,  with  a  full  statement  of  the  several  acts  done 
and  performed  in  reference  to  such  special  taxes  or 
assessments — which  said  schedule  shall  be  verified  by  the 
affidavit  of  the  comptroller,  and  shall  be  prima  facie 
evidence  of  the  facts  therein  stated  in  all  cases  wherein 
the  validity  of  such  special  tax  or  assessment  shall  come 
in  question.  The  common  council  shall,  if  from  such 
report  they  shall  deem  such  special  tax  legal  and  just, 
cause  the  same  to  be  levied  in  pursuance  of  the  provisions 
of  this  act. 

As  Amended  by  Section  9,  Chapter  144,  Laws  of  1875. 

Section  15.     He  shall  report  monthly  to  the  common   lyjonthly  report  to 
council  the  amount  of  work  done,  or  for  which  contracts     council, 
have  been  entered  into,   chargeable  to  the  several  and 
respective  ward  funds,  and  to  the  general  city  fund  and 
to  any  other  fund. 

Amended  by  Section  10,  Chapter  144,  Laws  of  1875,  and  further 
amended  as  by  Section  4,  Chapter  324,  Laws  of  1882. 

Section  16.     He  shall  examine  the   reports,   books,   shall  examine 
papers,  vouchers  and  accounts  of  the  treasurer,  the  col-     treasurer's 
lector  of  water  rates,  the  clerk  of  the  municipal  court,     *c'50""*s. 
and  of  any  other  officer  authorized  to  collect  or  receive, 
or  charged   with   the   duty   of    collecting   or    receiving 
moneys  for  the  city  and  shall  perform  such  other  duties 
as  are  prescribed  in  this  act,  and  as  the  common  council 
may  from  time  to  time  direct. 

As  amended  by  Section  5,  Chapter  324,  Laws  of  1882. 

Section  17.     All   claims   and   demands   against    the  s,^^||  ^^^jj^  ^^^ 
city,   before  they  are  allowed  by  the  common  council,     adjust  all  claims 
shall  be  audited  and  adjusted  by  the  comptroller,    and     ^9^'"^*  **^®  ^'*y- 
immediately  after  the  allowance  by  the  common  council 
of  any  claim  or  account,  it  vShall  be  the  duty  of  the  clerk 
to  furnish  to  the  comptroller  a  complete  list  of  the  same, 
and,  before  any  warrant  shall  be  issued  therefor,  it  shall 
be  the  duty  of  the  comptroller  to  countersign  the  same. 

Section  18.     The  comptroller  shall  be  authorized  to   |y|     administer 
administer  oaths  and  affirmations  in  all  matters  arising     oaths, 
under  the  laws  and  ordinances  of  the  city;  and  he  may 


CHAP.  MILWAUKEE   CITY   CHARTER.  36 

3 

require  all  parties  having  claims  or  accounts  against  the 
city  or  either  of  the  wards,  to  verify  the  same  by  afiidavit. 
In  all  cases  of  doubt  arising  under  any  claim  or  contract 
against  or  with  the  city  or  either  of  the  wards,  he  shall 
inquire  into  the  same;  and  for  this  purpose  he  may 
examine  parties  and  others  under  oath;  and  if  any  person 
shall  swear  or  affirm  falsely,  touching  the  expenditure  of 
any  of  the  money  of  the  city  or  either  of  the  wards,  or  in 
support  of  any  claim  against  the  said  city  or  either  of  the 
said  wards,  such  person  shall  be  subject  to  indictment  or 
information,  and  on  conviction  thereof,  shall  be  punished 
as  for  willful  and  corrupt  perjury. 

His  record  open  to       SECTION  19.     The  comptroller  shall  keep  a  record  of 

inspection.  ^11  his  acts  and  doings,  which  record  shall  be  opened  to 

the  inspection  of  all  parties  interested.     He  shall  not  be 

directly  or  indirectly  interested  in  any  contract  or  job  to 

which  the  city  or  either  of  the  wards  is  a  party. 

Comptroller  clerk  SECTION  20.  The  comptroller,  clerk  and  treasurer 
and  treasurer  may  may  each  appoint  a  deputy,  for  whose  acts  they  shall 
d^Dutv'''*°'"*  respectively  be  responsible.  Such  deputies,  after  taking 
the  oath  of  office  required  to  be  taken  by  their  principals, 
may,  in  case  of  the  sickness  or  absence  of  their  principals 
respectively  perform  all  the  duties  imposed  by  law  or  the 
ordinances  of  the  city,  on  said  principals  respectively; 
and  shall  likewise  be  subject  to  the  same  liabilities  and 
penalties. 

CHAPTER  IV. 

THE  COMMON  COUNCII. — ITS  GENERAI.  POWERS. 

Section  1.  The  municipal  government  of  the  city 
shall  be  vested  in  the  mayor  and  common  council;  and 
the  style  of  all  ordinances  shall  be  * '  the  mayor  and  com- 
mon council  do  ordain,"  etc. 

See  Oilman  vs.  Milwaukee,  61  Wis.,  588. 

State  ex  rel.,  Tibbitts  vs.  Milwaukee,  86  Wis.,  376. 

Stated  meetings.  SECTION  2.     The  common  council  shall  hold  stated 

meetings  at  such  times  and  places  as  they  shall  appoint; 
and  the  mayor  or  the  president  of  the  board  of  aldermen 
may  call  special  meetings  thereof  by  notice  of  at  least 
twenty-four  hours,  to  each  of  the  members,  to  be  served 
personally,  or  left  at  his  usual  place  of  abode.  Special 
meetings  shall  also  be  called  by  the  president,   at  the 


37  MILWAUKEE   CITY   CHARTER.  CHAP. 

4 

written  request  of  five  aldermen.     The  common  council   Rules  of  govern- 
shall  determine  the  rules  for  their  own  government  and     "^ent. 
proceedings,  provided  such  rules  are  consistent  with  the 
provisions  of  this  act.     A  majority  of  the  members  elected 
shall  be  required  to  constitute  a  quorum  for  the  transac-   Quorum, 
tion  of  business,  but  a  smaller  number  may  adjourn;  their 
session  shall  be  open  and  public;  their  proceedings  shall 
be  recorded;    and  all  their  papers  and  records,   and  all 
the  election  returns  shall  be  deposited  with  the  clerk  of 
the  common  council,  and  the  same  may  be  examined  at 
any  time  in  the  presence  of  the  clerk;  and  each  member 
of  the  common  council  shall  have  one  vote,  and  no  more 
on  any  one  question.     The  ayes  and  noes  may  be  required  Ayes  and  noes. 
by  any  member;  and  on  all  questions,  ordinances  or  reso- 
lutions for  assessing  and  levying  taxes,  or  for  the  appro- 
priation   or    disbursement   of    money,    or   creating   any 
liabilities  or  charge  against  said  city  or  any  fund  thereof, 
the  vote  shall  be  taken  by  ayes  and  noes;  and  every  vote 
by  ayes  and  noes  shall  be  entered  at  length  upon  the 
journal.     The  common  council  shall  be  the  judge  of  the 
election  and  qualifications  of  its  own  members,  and  may 
punish  its  members  or  other  persons  present,  by  fine,  for  Compulsory  at- 
disorderly  behavior;    may  compel  the  attendance  of  its     tendance,  fines, 
members  upon  its  sessions,  and  employ  the  police  of  said 
city  for  that  purpose;  and  may  fine  or  expel  any  member 
for  neglecting  his  duty  as  such  member,  or  for  unneces- 
sary absence  from  the   sessions   of  the   board.     At  all 
elections  or  confirmations  by   the  common  council,  the   Elections  and  con- 
vote  shall  be  given  viva  voce,  and  shall  be  duly  recorded     firmatlons. 
by  the  clerk  in  the  journal;  and  the  concurrence  of  a 
majority  of  all  the  members  elect  shall  be  necessary  to  an 
election   or   confirmation.     The    common    council    is   a 
continuing  body,  and  unfinished  business  pending  before 
it  shall  not  lapse  or  go  down  with  the  council  year,  but 
all  pending  business  before  the  common  council,  or  any 
committee  thereof,  at  the  termination  of  any  council  year 
shall  be  considered  as  pending  before  the  common  council 
of  the  next  succeeding  council  year,  or  the  corresponding 
committee  thereof,  and  may  be  acted  upon  and  disposed 
of  by  the.  council  of  such  succeeding  year  in  the  same 
manner  and  with  the  same  effect  as  if  no  change  in  such 
common  council  had  taken  place,  by  the  expiration  of  a 
council  year. 

In  all  cases  where  by  the  provisions  of  the  charter  of  Relating  to  local 
said  city,  matters  are  referred  to  a  local  committee  of    committees. 


CHAP. 
4 


MILWAUKEE   CITY   CHARTER. 


38 


Finances. 


Ordinances. 


Penalties. 


any  ward  thereof,  and  in  all  cases  requiring  action  by 
such  local  committee,  including  the  appointment  of 
school  commissioners,  if  such  local  committee  is  unable 
to  agree  upon  a  disposition  thereof,  or  shall  fail  or  neglect 
to  act  thereon  within  thirty  days  from  the  date  when  any 
such  matter  shall  become  subject  to  the  action  of  such 
local  committee,  the  common  council,  on  the  application 
of  either  of  the  aldermen  composing  such  local  commitee, 
or  upon  its  own  motion,  shall  have  power  and  authority 
to  withdraw  the  matter  so  referred  or  requiring  action, 
and  take  such  further  action  relating  thereto  as  it  may 
deem  proper. 

As  amended  by  Section  11,  Chapter  144,  Laws  of  1875;  Section 
6,  Chapter  324,  Laws  of  1882,  and  Chapter  117,  Laws  of  1889. 

The  common  council  is  a  continuing  body,  and  has  the  control 
of  all  its  records  and  papers,  while  the  city  clerk  has  only  the 
custody  thereof,  and  of  the  corporate  seal,  and  is  a  mere  ministerial 
ofi&cer,  without  any  judicial  or  quasi  judicial  power. 

State,  ex  rel.  Tibbitts  vs.  Milwaukee,  86  Wis.,  376. 

The  power  conferred  upon  the  common  council  to  "judge  of 
the  election  and  qualification  of  its  own  members,"  does  not 
exclude  the  common  law  jurisdiction  of  the  courts  to  determine 
the  right  to  the  ofiice  of  alderman. 

State,  ex  rel.  Anderton  vs.  Kempf,  69  Wis.,  470. 

A  provision  in  a  city  charter  that  every  vote  by  ayes  and  noes 
shall  be  entered  on  the  journal  does  not  apply  to  votes  to 
adjourn. 

Green  Bay  vs.  Brauns,  50  Wis.,  204. 

Section  3.  The  common  council  shall  have  the 
management  and  control  of  the  finances,  and  of  all  the 
property  of  the  city,  except  as  in  this  act  otherwise  pro- 
vided, and  shall  likewise,  in  addition  to  all  other  powers 
herein  vested  in  them,  have  full  power  and  authority  to 
make,  enact,  ordain,  establish,  publish,  enforce,  alter, 
modify,  amend  and  repeal  all  such  ordinances,  rules, 
by-laws  and  regulations  for  the  government  and  good 
order  of  the  city — for  the  benefit  of  the  trade,  commerce 
and  health  thereof — for  the  suppression  of  vice — for 
the  prevention  of  crime — and  for  carrying  into  effect 
the  powers  vested  in  said  common  council,  as  they  shall 
deem  expedient;  and  to  declare  and  impose  penalties, 
and  to  enforce  the  same  against  any  person  or  persons 
who  may  violate  any  of  the  provisions  of  such  ordi- 
nances, rules,  by-laws  and  regulations.  And  such 
ordinances,   rules,  by-laws   and   regulations   are   hereby 


39  MILWAUKEE   CITY   CHARTER.  CHAP. 

4 

declared  to  be,  and  have  the  force  of  law:  provided,  that 
they  be  not  pugnant  to  the  constitution  of  the  United 
States  or  of  this  state.  And  for  these  purposes  the  Council  may  regu- 
common  council  shall  have  authority — anything  in  a  la*e. 
general  law  of  this  state  to  the  contrary  nothwithstand- 
ing — by  ordinances,  resolutions,  by-laws,  rules  or  regula- 
tions: 

To  the  mayor  and  common  council  is  expressly  given  the 
management  and  control  of  the  finances,  and  of  all  property  of  the 
city,  except  as  otherwise  provided.  They  have  also  full  power  and 
authority  to  enact  and  enforce  the  ordinances,  rules,  by-laws  and 
regulations  therein  provided  for,  which  said  ordinances,  rules, 
by-laws  and  regulations  are  thereby  made  to  have  the  force  of 
law. 

Oilman  vs.  Milwaukee,  61  Wisconsin,  588. 

Any  form  of  procedure  to  which  the  council  may  resort  in  order 
to  express  its  determination  as  to  the  fixing  of  a  salary,  under  a 
charter  provision  similar  to  the  above,  will  be  a  compliance  there- 
with if  such  procedure  be  made  to  appear  upon  the  records  in  a 
permanent  written  form. 

Green  Bay  vs.  Brauns,  50  Wisconsin,  204. 

Whether  an  ordinance  is  reasonable  or  valid  is  usually  a  ques- 
tion of  law  for  the  court. 

Clason  vs.  Milwaukee,  30  Wisconsin,  316. 

An  ordinance  prohibiting  the  sale  without  license,  of  lemonade, 
ice  cream,  cakes,    pies,    cheese,  nuts,  fruits,    etc.,  at  temporary 
stands,  held,  unreasonable,  as  in  restraint  of  trade. 
Barling  vs.  West,  29  Wisconsin,  307. 

I.  To  regulate  groceries,  taverns,  victualing  houses,  Groceries,  taverns, 
saloons,  gardens  and  all  other  places  within  said  city,  saloons,  etc. 
where  wines  and  other  liquors  are  sold  for  any  pur- 
pose, and  whether  they  are  sold  to  be  drank  on  the 
premises  or  otherwise,  and  to  license,  regulate  and  restrain 
tavern-keepers,  grocers,  wholesale  liquor  dealers,  drug- 
gists, keepers  of  ordinaries,  saloons,  victualing  houses  or 
other  houses  or  places  for  the  selling  or  giving  away 
spirituous,  vinous  or  fermented  liquors;  and  to  classify, 
grade  and  regulate  the  amount  to  be  paid  for  licenses  for 
dealing  in  or  vending  spirituous,  vinous  or  fermented 
liquors,  in  proportion  to  the  amount  dealt  in  or  vended; 
and  to  prescribe  the  time  for  which  such  license  shall  be 
granted;  and  to  restrain  any  person  from  vending,  giving 
or  dealing  in  spirituous,  vinous  or  fermented  liquors 
unless  duly  licensed  by  authority  of  the  common  council; 
provided,  the  amount  to  be  charged  for  any  such  license 
shall  not,  in  any  case,  be  less  than  the  minimum  sum,  nor 


CH*P-  MILWAUKEE   CITY   CHARTER.  40 

4 

more  than  the  maximum  sum  required  by  the  general 
laws  of  this  state,  to  be  paid  for  like  licenses  in  its  towns 
and  villages  of  the  state,  under  the  general  laws  which 
are  hereby  made  applicable  to  all  licenses  granted  here- 
under, nor  shall  any  license  be  granted  for  a  less  term  than 
six  months.  No  license  issued  under  authority  of  said 
council  shall  be  transferable  from  one  person  to  another. 
And  all  moneys  received  by  said  city  for  such  licenses 
shall  be  paid  into  and  be  part  of  the  general  fund  of  said 
city;  provided,  that  nothing  in  this  act  contained  shall  be 
construed  to  compel  druggists  to  pay  such  license  fee  for 
the  sale  of  any  spirituous,  vinous,  or  fermented  liquors 
contained  in  any  medicine  compounded  by  them. 
As  amended  by  Chapter  307,  Ivaws  of  1883. 

Billiard,  pool  and        2-     ^^   license,    tax,    regulate,    suppress    or    prohibit 
pigeon  tables,  etc.   billiard  tables,  pool  tables,   pigeon  tables,   shooting  gal- 
leries, nine  or  ten  pin  alleys,   bowling  saloons  and  ball 
alleys. 

As  amended  by  Section  7,  Chapter  324,  Laws  of  1882. 

Shows  and  exhibi-       3-     ^^  license,  tax,  regulate,  suppress  or  prohibit  all 
t'ons.  exhibitions   of  common    showmen,    shows   of  any   and 

every  kind,  concerts  or  other  musical  entertainments  by 
itinerant  persons  or  companies;  exhibition  of  natural 
or  artificial  curiosities,  caravans,  circuses,  theatrical 
performances,  and  all  other  exhibitions  and  amusements. 
See  Schultz  vs.  Milwaukee,  49  Wisconsin,  254. 


CHAPTEK  410,  OF  THE  LAWS  OF  1885,  AS  AMENDED  BY 
CHAPTEK  408,  OF  THE  LAWS  OF  1889. 

p    .  .  Section.  1.     The  common  council  of  the  city  of  Milwaukee  is 

conferred  upon       hereby  authorized,  by  ordinance,  to  confer  upon  the  mayor  of  said 
the  mayor.  city  power  and  authority  to  grant  and  revoke  licenses  in  the  name 

of  said  city,  and  to  do  any  act  in  respect  thereto  which  the  said 
common  council  is  or  may  be  authorized  by  law  to  do,  upon  the 
conditions  prescribed  in  the  charter  of  said  city,  or  which  are  or 
may  be  prescribed  by  any  law  of  the  state  relating  to  licenses,  and 
applicabie  to  said  city,  and  upon  such  further  conditions,  not 
inconsistant  with  such  charter  or  laws,  as  may  be  prescribed  in 
and  by  such  ordinance  or  ordinances  and  also  to  confer  upon  the 
said  mayor  power  and  authority  to  determine,  subject  to  the  pro- 
visions of  the  charter  of  said  city,  the  amount  of  the  license  fee  to 
be  paid  in  each  case  by  persons  or  companies  authorized  to  be 
licensed  under  sub-section  3,  of  section  3,  of  chapter  3  (4)?  of  the 
charter  of  said  city,  being  chapter  184,  of  the  laws  of  1874,  approved 
March  10th,  1874,  and  to  empower  such  mayor  to  do  all  acts  and 


41 


MILWAUKEE   CITY   CHARTER. 


exercise  all  powers  which  the  common  council  may  do  or  exercise 
under  and  by  authority  of  said  sub-section  3.  Provided,  that  the 
action  of  said  mayor,  upon  any  application  for  any  license 
contemplated  in  this  section,  shall  be  final  and  conclusive  upon 
all  parties,  and  there  shall  be  no  appeal  therefrom;  and  the  said 
mayor  shall  have  the  power  and  authority  to  revoke  and  annual 
any  license  contemplated  in  this  section  without  notice  to  or 
proceeding  against  any  licensee  of  said  city,  whenever  in  his  judg- 
ment the  good  order  and  welfare  of  said  city  will  be  promoted 
thereby,  and  such  revocation  shall  be  final  and  conclusive,  and 
there  shall  be  no  appeal  therefrom;  and  no  license  contemplated 
in  this  section  shall  be  transferable  from  person  to  person,  and 
such  licenses  may  be  issued  for  any  term  not  less  than  one  month 
nor  more  than  one  year,  and  the  license  fee  to  be  paid  therefor 
shall  be  such  pro  rata  of  the  annual  fee  fixed  by  law  as  the  time 
for  which  such  license  is  issued. 

Section  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 


CHAP. 

4 


Action  of  mayor  on 
application  for 
licenses  to  be 
final— may  revoke 
and  annul  same. 


Not  transferable, 
how  issued,  fees. 


4.  To  restrain  or  prohibit  all  descriptions  of  gaming 
and  fraudulent  devices  and  practices,  and  all  playing 
of  cards,  dice  and  other  games  of  chance,  for  the  purpose 
of  gaming  in  said  city. 

5.  To  prevent  any  riot,  noise,  disturbance  or  dis- 
orderly assemblages;  to  suppress  and  restrain  disorderly 
houses  and  groceries,  and  houses  of  ill-fame;  and  to 
authorize  the  destruction  of  all  instruments  and  devices 
used  for  the  purpose  of  gaming. 

6.  To  compel  owners  or  occupants  of  any  grocery, 
cellar,  tallow  chandler  shop,  soap  factory,  tannery, 
stable,  barn,  privy,  sewer,  sewer  connection  or  other 
unwholesome  house  or  place,  to  cleanse,  remove,  con- 
struct, re-construct,  abate  or  locate  the  same  in  such 
place  and  from  time  to  time  as  often  as  it  may  be  deemed 
necessary,  for  the  health,  comfort  and  convenience  of  the 
inhabitants  of  said  city. 

7.  To  direct  the  location  and  management  of,  and 
regulate  breweries,  tanneries,  packing  houses,  livery 
stables,  and  sale  stables;  and  to  direct  the  location, 
management  and  construction  of,  and  regulate,  license, 
restrain,  abate  or  prohibit,  within  the  city  and  the  dis- 
tance of  four  miles  therefrom,  distilleries,  slaughtering 
establishments,  establishments  for  steaming  or  rendering 
lard,  tallow,  offal,  and  such  other  substances  as  can  or 
may  be  rendered,  soap  factories,  and  all  establishments 
or  places  where  any  nauseous,  offensive  or  unwholesome 


Gaming, 


Riots  and  disturb- 
ances, 


Abatement   of  un- 
wholesome 
places. 


Breweries,  tanner- 
ies, distilleries, 
slaughter  houses, 
etc. 


CHAP. 

4 


MII^WAUKEE   CITY   CHARTER. 


42 


Public  markets. 


Butchers,  game, 
meat,  vegetables, 


Gunpowder. 


Firearms  and  fire- 
works. 


business  may  be  carried  on;  provided,  that  for  the  pur- 
pose of  this  section  the  Milwaukee,  Menomonee  and 
Kinnickinnick  rivers,  with  their  branches,  to  the  outer 
limits  of  the  county  of  Milwaukee,  and  all  canals  con- 
nected with  said  rivers,  together  with  the  lands  adjacent 
to  said  rivers  and  canals,  or  within  one  hundred  rods 
thereof,  shall  be  deemed  to  be  within  the  jurisdiction  of 
the  city. 

As  amended  by  Section  8,  Chapter  324,  Laws  of  1882. 

An  ordinance  passed  under  the  authority  granted  by  this 
section,  declaring  it  unlawful  (vvith  certain  exceptions)  for  any 
person  "to  slaughter  or  dress  any  animal  in  any  building  or  yard 
within  the  corporate  limits,"  except  at  a  certain  designated  "  city 
slaughter  house,"  held  not  to  appear  upon  its  face  to  be  so 
unreasonable,  or  so  in  restraint  of  trade,  as  to  authorize  the  court 
to  pronounce  it  invalid. 

Milwaukee  vs.  Gross,  21  Wis.,  243. 

Wahl  vs.  Milwaukee,  23  Wis.,  272. 

8.  To  establish  and  regulate  public  markets,  deter- 
mine their  location,  and  make  rules  and  regulations  for 
the  government  of  the  same;  to  appoint  suitable  officers 
for  overseeing  and  regulating  such  markets;  and  to 
restrain  all  persons  from  interrupting  or  interfering  with 
the  due  observance  of  such  rules  and  regulations. 

p.  To  regulate  butchers,  and  to  regulate  and  restrain 
the  sale  of  game,  poultry,  fresh  meat,  vegetables,  fish, 
butter,  fruit,  eggs,  milk  and  other  provisions  in  the 
city;  to  restrain  and  punish  the  forestalling  of  poultry, 
fruit,  milk  and  eggs;  and  to  cause  the  seizure  and  destruc- 
tion or  other  disposition,  of  tainted  or  unwholesome  meat, 
butter,  vegetables,  fruit  or  provisions. 

As  amended  by  Section  9,  Chapter  324,  Laws  of  1882. 

lo.  To  direct  or  prohibit  the  location  and  manage- 
ment of  houses  for  the  storing  of  gunpowder  or  other 
combustible  and  dangerous  materials  within  the  city. 

//.  To  regulate  and  restrain  the  keeping  and  convey- 
ing of  gunpowder  and  other  combustible  and  dangerous 
materials;  and  the  use  of  candles  and  lights  in  barns, 
stables  and  outhouses. 

12.  To  prevent  the  shooting  of  firearms  and  crackers, 
and  to  prevent  the  exhibition  or  use  of  any  fireworks,  at 
any  time  or  in  any  situation  which  may  be  considered 


43  MILWAUKEE   CITY   CHARTER.  CHAP. 

4 

by  the  council  dangerous  to  the  city,  or  to  any  property 
therein,  or  annoying  to  any  citizen  thereof. 

/J.     To  prevent  the  encumbering  of  the  streets,  side-   Encumbering 
walks,  lanes,  alleys,  public  grounds,  wharves,  and  docks     streets, 
with   carriages,    carts,    wagons,    sleighs,    sleds,    wheel- 
barrows, boxes,  lumber,  firewood,  timber,  posts,  signs, 
awnings,  or  any  substance  or  material,  or  in  any  manner 
whatsoever. 

The  owner  of  a  city  lot  possesses  an  estate  in  fee  to  the  center 
of  the  street. 

Hundhausen  vs.  Bond,  36  Wis.,  29. 

See  Schultz  vs.  Milwaukee,  49  Wis.,  254. 

/^.  To  prevent  horse-racing  and  immoderate  riding  Horse  racing,  fast 
or  driving  in  the  streets,  and  to  authorize  any  person  "ding  or  driving, 
to  stop  persons  immoderately  riding  or  driving  as  afore- 
said; to  prohibit  and  punish  the  abuse  of  animals;  and 
to  compel  persons  to  fasten  their  horses,  oxen,  or  other 
animals,  attached  to  vehicles  or  otherwise,  while  standing 
or  remaining  in  any  street,  alley  or  public  ground. 

While  the  use  of  a  public  highway  for  coasting  is  a  nuisance, 
and  its  suppression  is  a  police  duty,  the  city  is  not  liable  to  one 
injured  by  collision  with  a  person  engaged  in  coasting. 

Schultz  vs.  Milwaukee,  49  Wis.,  254. 

French  vs.  Milwaukee,  49  Wis.,  584. 

Owens  vs.  Milwaukee,  47  Wis.,  561. 

75.     To  regulate  and  determine  the  times  and  places  Bathing  or  swim- 
of  bathing  and  swimming  in  the  canals,  rivers,  harbors,     ming. 
or  other  waters,  in  and  adjoining  said  city,  and  to  prevent 
any  obscene  or  indecent  exhibition,  exposure  or  conduct. 

16.  To  restrain  and  punish  vagrants,  mendicants,  vaqrants  and 
street  beggars  and  prostitutes;  and  to  restrain  drunkards, 
immoderate  drinking,  or  obscenity,  in  the  streets  or 
public  places,  and  to  provide  for  arresting,  removing 
and  punishing  any  person  or  persons  who  may  be  guilty 
of  the  same. 


animals. 


ij.  To  restrain  and  regulate,  or  prohibit  the  run-  impounding  cattle, 
ning  at  large  of  cattle,  horses,  mules,  swine,  sheep,  horses  and  other 
goats,  poultry  and  geese,  and  to  authorize  the  distraining, 
impounding  and  sale  of  the  same,  for  the  penalty  incurred 
and  the  costs  of  the  proceedings;  and  also  to  impose 
penalties  on  the  owners  of  any  such  animals,  for  a  vio- 
lation of  any  ordinance  in  relation  thereto. 


CHAP.  MILWAUKEE   CITY   CHARTER.  44 

4 

Oogs.  iS.     To  prevent  the  running  at  large  of  dogs  in  the 

said  city,  and  to  authorize  the  destruction  of  the  same 
in  a  summary  manner,  when  at  large  contrary  to  the 
ordinances. 

Where  authority  is  conferred  upon  a  common  council  in 
permissive  language,  it  is  still  imperative  upon  the  council  to 
exercise  it  if  other  persons  have  an  absolute  right  to  have  it 
exercised.  But  if  the  power  is  properly  discretionary,  the  city  is 
not  liable  for  its  refusal  to  exercise  such  authority. 
Kelly  vs.  Milwaukee,  18  Wisconsin,  89. 

/p.  To  provide  for  licensing  the  keeping  of  dogs  in 
the  said  city,  at  a  sum  or  rate  of  not  less  than  one  dollar 
nor  more  than  ten  dollars  a  j^ear  for  each  dog;  and  to  pro- 
vide for  a  badge  or  token  to  be  carried  by  each  licensed 
dog;  and  for  the  secure  muzzling  of  licensed  dogs;  and 
for  the  killing  and  destruction,  in  a  summary  manner, 
of  all  dogs  not  licensed,  wherever  the  same  may  be  found 
within  the  said  city,  and  of  licensed  dogs  running  at 
large  in  the  streets,  alleys,  or  public  grounds,  in  said 
city;  and  to  punish  persons  keeping  unlicensed  dogs. 

Hackmen,  dray-  ^^-     '^^  license,  regulate  and  suppress  hackmen,  dray- 

men, etc.  men,  cartmen,  porters,  omnibus  drivers,  cabmen,  carmen, 

and  all  others,  whether  in  the  permanent  employment  of 
any  corporation  or  otherwise,  who  may  pursue  like 
occupations,  with  or  without  vehicles,  and  to  prescribe 
their  compensations. 

Hoop,  balls,  kites,       ^^-     "^^  prevent  and   regulate   the   rolling   of  hoops, 

etc.  flying  of  kites,  playing  of  ball,  or  other  amusements  or 

practices  having  a  tendency  to  annoy  persons  passing  in 

the  streets  or  on  the  sidewalks,  or  to  frighten  teams  and 

horses. 

Contagious  or  ^^-     '^^  regulate,  control  and  prevent  the  landing  of 

infectious  dis-        persons  from  boats  or  vessels  wherein  are  contagious  or 
®*^®^'  infectious  diseases  or  disorders,  and  to  make  such  dis- 

position of  such  persons  as  to  preserve  the  health  of  said 
city;  and  also  to  make  regulations  to  prevent  the  intro- 
duction of  contagious  diseases  into  the  city,  or  their  spread 
therein;  and  to  make  quarantine  laws  or  regulations,  and 
enforce  the  same  within  the  city  and  not  to  exceed  five 
miles  beyond  the  city  bounds. 

Abatement  of  2j.     To  abate   all   nuisances  which    are    or    may   be 

nuisances.  injurious  to  the  public  health,  in  any  manner  they  may 

deem    expedient;    to    prohibit    the    leaving    of    books, 


45  MILWAUKEE   CITY   CHARTER.  CHAP. 

4 

pamphlets  or  other  articles  or  matter  by  hawkers,  peddlers 
or  mercantile  agents,  at  residences  or  factories  for  inspec- 
tion ,  and  to  do  all  acts  and  make  all  regulations  which 
may  be  necessary  or  expedient  for  the  preservation  of 
health  and  the  suppression  of  disease. 

As  amended  by  Chapter  362,  Laws  of  1887. 

24..     To  regulate  the  burial  of  the  dead  and  registration   Mortuary. 
of  births  and  deaths;  to  provide  hospital  and  cemetery 
grounds;  to  direct  the  returning  and  keeping  of  bills  of 
mortality;  and  to  impose  penalties  on  physicians,  sextons 
and  others,  for  any  default  in  the  premises. 

^5.  To  abate  and  remove  all  nuisance  under  the  Common  law 
ordinances  or  at  common  law,  and  punish  the  authors  nuisances, 
thereof  by  penalties,  fine  and  imprisonment;  and  to  define 
and  declare  what  shall  be  deemed  nuisances,  and  authorize 
and  direct  the  summary  abatement  thereof,  but  nothing 
in  this  act  shall  be  so  construed  as  to  oust  any  court  of 
its  jurisdiction  to  abate  and  remove  nuisances  in  the 
streets,  or  any  other  parts  of  said  city,  or  within  its  juris- 
diction, by  indictment  or  otherwise. 

26.  To  prevent  any  person  from  bringing,  depositing   putrid  carcasses, 
or  having  within  the  limits  of  said  city,  any  putrid  carcass 

or  other  unwholesome  substance;  and  to  require  the 
removal  or  destruction  of  the  same  by  any  person  who 
shall  have  upon  or  near  his  premises  any  such  substances 
or  any  putrid  or  unsound  beef,  pork,  fish,  hides,  or  skin 
any  kind;  and,  on  his  default,  to  authorize  the  removal 
or  destruction  thereof  by  some  officer  or  officers  of  the 
city,  at  the  expense  of  such  person  or  persons. 

27.  To  erect  or  establish  one  or  more  pest  houses, 
hospitals  and  dispensaries,  and  control  and  regulate  the 
same. 

28.  To  prevent  the  ringing  of  bells,  blowing  of  horns  Auctioneers,  bells, 
and  bugles,     crying   of   goods,   and    all    other  noises,     etc. 
performances   and   devices   tending  to  the  collection  of 

persons  on  the  streets  or  sidewalks,  by  auctioneers  or 
others,  for  the  purpose  of  business,  amusement,  or  other- 
wise. 

2g.     To  control,  regulate,  or  prohibit  the  use  of  steam  steam  whistles. 
whistles  within  the  limits  of  the  city. 


CHAP. 
4 

Street  sprinkling. 


MILWAUKEE   CITY    CHARTER. 


46 


Removing  snow 
from  street  and 
sidewalks. 


Control  of  streets 
and  bridges. 


Pounds,  pumps, 
wells  and  cis- 
terns. 


JO.  To  control  and  regulate  the  streets,  alleys,  and 
public  grounds  in  said  city,  and  provide  for  sprinkling  the 
same,  and  to  remove  and  abate  any  obstructions  and 
encroachments  therein. 

As  amended  by  Section  12,  Chapter  144,  Laws  of  1875. 

J/.  To  compel  the  owners  or  occupants  of  buildings 
or  grounds  to  remove  and  keep  snow,  ice,  dirt  or  rubbish 
from  the  sidewalk,  street,  or  alley  opposite  thereto;  and 
to  compel  such  owner  or  occupants  to  remove  from  the 
lots,  owned  or  occupied  by  them,  all  such  substances  as 
the  board  of  health  shall  direct;  and  on  their  default,  to 
authorize  the  removal  or  destruction  thereof  bj^  some 
ofl&cer  of  the  city,  at  the  expense  of  such  owners  or 
occupants. 

^2.  To  control,  regulate,  repair,  amend  and  clean  the 
streets  and  alleys,  bridges,  and  side  and  cross  walks,  and 
open,  widen,  straighten  and  vacate  streets  and  alleys, 
and  establish  and  alter  the  grade  thereof;  and  prevent  the 
encumbering  of  the  streets  and  alleys  in  any  manner,  and 
protect  the  same  from  any  encroachment  or  injury;  and 
to  regulate  the  manner  of  using  the  streets  and  pavements 
in  the  said  city,  and  protect  the  same  from  injury  by 
vehicles  used  thereon. 

The  power  vested  in  the  common  council  to  vacate  streets  and 
alleys,  "anything in  any  general  law  of  the  state  to  the  contrary 
notwithstanding,"   is  exclusive,   and    the    circuit  court  cannot 
exercise  jurisdiction  in  the  city  of  Milwaukee  to  vacate  an  alley. 
Brandt  vs.  Milwaukee,  69  Wis.,  386. 

jj.  To  prevent  all  persons  from  riding  or  driving  any 
horse,  ox,  mule,  cattle  or  other  animal,  on  the  sidewalks 
in  the  said  city,  or  in  any  way  doing  any  damage  to  such 
sidewalks. 

S4..  To  make,  establish  and  regulate  public  pounds, 
pumps,  wells,  cisterns  and  reservoirs,  and  provide  for  the 
erection  and  maintenance  of  water  works  for  the  supply  of 
water  to  the  inhabitants,  and  to  prevent  the  unnecessary 
waste  of  water. 

See  Oilman  vs.  Milwaukee,  61  Wis.,  588. 


Street  lights.  35-     '^^  erect  lamps  and  regulate  the  lighting  thereof; 

and  to  provide  for  lighting  the  streets,  public  grounds 
and  public  buildings,  with  gas  or  otherwise. 


47  MILWAUKEE   CITY   CHARTER.  CHAP. 

4 

j<5.     To  regulate  the  safe  of  bread  within  said  city,  and   Bread, 
prescribe  the    assize  and  weight   of   bread  in  the    loaf, 
and    the   quality  of  the  same;  and  to  provide  for  the 
seizure  and  forfeiture  of  bread  baked  contrary   to  such 
regulations  and  prescriptions. 

J7.  To  require  every  merchant,  retailer,  trader  and  Weights  and 
dealer  in  merchandise  or  property  of  any  description  measures, 
which  is  sold  by  measure  or  weight,  to  cause  his  weights 
and  measures  to  be  sealed  by  the  city  sealer,  and  to  be 
subject  to  his  inspection,  and  to  provide  for  the  punish- 
ment of  persons  using  false  weights  and  measures.  The 
standards  of  such  weights  and  measures  shall  be  conform- 
able to  those  established  by  law  in  this  state. 

j8.  To  regulate  the  weighing  and  sale  of  hay  and  Hay,  wood  and  ice. 
the  places  and  manner  thereof;  to  regulate  the  cutting 
and  sale  of  ice,  and  to  restrain  the  sale  of  such  ice  as  is 
impure;  also  to  regulate  the  measuring  and  sale  of  wood, 
and  the  weighing  and  selling  of  coal  and  lime,  and  the 
places  and  manner  thereof,  and  to  appoint  suitable  per- 
sons to  superintend  and  conduct  the  same,  and  define 
their  duties. 

An   ordinance  passed  under  the  authority  conferred  by  this 
section  is  not  in  restraint  of  trade,  but  a  salutary  regulation  of  it, 
and  is  not  repugnant  to  the  constitution  or  laws  of  the  state. 
Yates  vs.  Milwaukee,  12  Wis. ,  752. 

jp.     To   regulate   the   times,    places    and   manner   of  Auctions,  time  of 
holding  public  auctions  or  vendues.  holding. 

An  ordinance  prohibiting  auction  sales  after  sundown  is  invalid, 
as  being  an  unreasonable  restraint  upon  trade. 
Hayes  vs.  Appleton,  24  Wis.,  542. 

40.  To  tax,  license  and  regulate  road  vehicles  of  Road  vehicles  and 
any  and  every  kind  and  description,  to  tax,  license,  occupations, 
control  and  regulate  auctioneers,  distillers,  brewers  and 
pawn  keepers,  pawn  brokers,  loan  brokers,  keepers  of 
loan  ofiices,  dealers  in  second  hand  goods,  and  all  persons 
who  loan  money  upon  the  security  of  chattel  mortgages, 
or  other  chattel  security,  and  all  keepers  or  proprietors  of 
intelligence  offices,  junk  shops,  and  places  for  the  sale 
and  purchase  of  second  hand  goods,  w^ares  and  merchan- 
dise, and  to  tax,  license,  regulate  and  restrain  hawkers, 
peddlers  and  venders  of  milk,  and  runners  or  solicitors 
for  steamboats,   vessels,  cars,    railroads,    stages,    public 


CHAP. 

4 


MILWAUKEE   CITY   CHARTER. 


48 


of  license. 


houses  and  other  establishments,  and  keepers  or  pro- 
prietors of  gift  book  stores,  gift  concerts,  and  other  gift 
enterprises,  and  persons  therein  engaged;  and  to  fix  and 
regulate  the  amount  of  license  under  this  subdivision,  and 
to  prescribe  the  time  for  which  such  licenses  shall  be 
granted,  and  to  provide  and  enforce  penalties  for  carrying 
on  either  ot  said  trades,  kinds  of  business  or  employments, 
or  using  such  vehicles  without  license,  and  to  regulate 
the  manner  in  which  they  shall  be  carried  on  or  used; 
Term  and  amount  provided  that  no  such  license  shall  be  granted  for  a  less 
term  than  three  months,  nor  for  a  longer  term  than  one 
year,  and  that  the  amount  to  be  so  paid  for  any  such 
license  shall  not  be  less  than  at  the  rate  of  one  dollar 
per  year,  nor  greater  than  at  the  rate  of  five  hundred 
dollars  per  year  for  the  carrying  on  either  of  said  trades, 
kinds  of  business  or  employments;  provided  that  the 
provisions  of  this  act  shall  not  apply  to  dealers  and 
venders  in  malt,  spirituous,  ardent  or  intoxicating  liquors. 
As  amended  by  Section  2,  Chapter  311,  Ivaws  of  1876,  further 
amended  by  Section  10,  Chapter  324,  Laws  of  1882,  and  Chapter 
308,  Laws  of  1883,  further  amended  by  Chapter  460,  Laws  of  1885, 
and  further  amended  by  Chapter  74.  Laws  of  1891. 


Grant  licenses. 


Pawnbrokers 
defined. 


Licensee  to  give 
bond. 


CHAPTEK  337,  LAWS  OF  1887. 

Section  1.  The  mayor  may,  from  time  to  time,  grant  licenses 
under  Chapter  308,  of  the  Laws  of  1883,  to  such  persons  as  shall 
produce  to  him  satisfactory  evidence  of  their  good  character  to 
exercise  or  carry  on  the  business  of  a  pawn  broker,  a  loan  broker, 
keeper  of  a  loan  oflfice,  dealer  in  second  hand  goods,  or  junk  shop 
keeper,  and  no  person  shall  exercise  or  carry  on  the  business  of  a 
pawn  broker,  loan  broker,  keeper  of  a  loan  oflSce,  dealer  in  second 
hand  goods  or  junk  shop  keeper,  without  being  duly  licensed, 
under  penalty  of  a  fifty  dollar  fine  for  each  and  every  day  he  or  she 
shall  exercise  or  carry  on  said  business  without  such  license. 

Section  2.  Any  person  who  loans  money  on  deposit  or  pledge 
of  personal  property  or  other  valuable  things  or  who  deals  in  the 
purchasing  of  personal  property  or  other  valuable  thing  on  condi- 
tion of  selling  the  same  back  again  at  a  stipulated  price,  is  hereby 
defined  and  declared  to  be  a  pawn  broker  within  the  meaning  of 
this  act.  Every  person  receiving  a  license  under  the  provisions 
of  this  act  shall  pay  therefor  such  sum  as  may  be  fixed  by  the 
common  council  of  said  city  of  Milwaukee,  said  license  to  be  paid 
to  the  city  treasurer  for  the  UvSe  of  the  city. 

Section  3.  Every  person  so  licensed  shall  at  the  time  of 
receiving  such  license  or  at  any  time  thereafter  when  required  by 
the  mayor,  enter  with  two  sufficient  sureties  into  a  joint  and 
several  bond  to  the  city  of  Milwaukee  in  the  penal  sum  of  five 
hundred  dollars  for  the  due  observance  of  this  act,  and  of  all 


49 


MIIvWAUKEE  CITY  CHARTER. 


CHAP. 

4 


Must  keep  a  book. 


ordinances  of  the  common  council  as  may  be  passed  or  enforced 
respecting  pawn  brokers,  keepers  of  loan  offices,  dealers  in  second 
hand  goods,  and  junk  shop  keepers  at  any  time  during  the  con- 
tinuance of  such  license. 

Section  4.  Every  licensed  pawn  broker,  loan  broker,  keeper 
of  a  loan  office,  every  dealer  in  second  hand  goods  and  keeper  of  a 
junk  shop,  shall  keep  a  book  in  which  shall  be  fairly  written  in 
ink  at  the  time  of  each  loan  or  purchase,  an  accurate  and  true 
discription  in  the  English  language  of  the  goods,  article  or  thing 
pawned,  pledged  or  bought,  the  amount  of  money  loaned  thereon, 
or  paid  therefor,  the  time  of  pledging  or  purchasing  the  same;  if 
a  loan,  the  rate  of  interest  to  be  paid  on  such  loan,  and  the  name 
and  residence,  together  with  a  true  description  of  the  person  or 
persons  pawning,  pledging  or  selling  such  goods,  article  or  thing, 
and  no  entry  made  in  such  book  shall  be  erased,  obliterated  or, 
defaced . 

Section  5,  The  said  book,  as  well  as  every  other  article  or 
thing  of  value  pawned,  pledged  or  purchased,  shall  at  all  reason- 
able times  be  open  to  the  inspection  of  the  chief  of  police  or  any 
member  of  the  police  force  designated  by  the  chief  of  police  for 
such  purpose. 

Section  6.  The  chief  of  police  may,  in  his  discretion,  cause 
any  article  or  thing  of  value  which  has  been  pawned,  pledged  or 
purchased,  which  he  shall  have  reason  to  believe  was  not  so 
pawned,  pledged  or  disposed  of  by  the  lawful  owner,  to  be  held  for 
the  purpose  of  being  identified  by  such  lawful  owner  for  such  reson- 
able  length  of  time  as  the  chief  of  police  shall  deem  necessary  for 
such  identification. 

Section  7.  It  shall  be  the  duty  of  every  licensed  person  afore- 
said, and  of  every  person  dealing  in  second  hand  goods  as  aforesaid, 
to  make  out  and  deliver  to  the  chief  of  police  every  day,  before 
the  hour  of  twelve  noon,  a  legible  and  corect  copy  from  the  book 
required  by  section  4,  of  this  act,  of  all  personal  property  and  other 
valuable  thing  received  on  deposit  or  purchased  during  the  pre- 
ceding day,  together  with  the  time  of  the  day  when  the  same  was 
received  or  purchased,  and  a  true  description  of  the  person  or 
persons  by  whom  left  in  pledge,  or  from  whom  the  same  were 
purchased,  and  in  no  case  shall  such  personal  property  or  thing 
of  value  be  disposed  of  by  said  pawn  broker,  loan  broker,  keeper 
of  a  loan  office,  second  hand  dealer  or  junk  shop  keeper,  within 
twenty  four  hours  from  the  time  of  filing  such  report  with  the 
chief  pf  police  as  herein  provided,  except  upon  written  permission 
of  the  chief  of  police  for  that  purpose. 

Section  8.     No  person  licensed  under  the  provision  of  this  act 
,    ,,  ,         .     ^      ,  ,  ,  .      .  ,       Can  not  take  prop- 

shall  bargain  for,  take,  purchase  or  receive  m  pawn  any  property,         .    ^^^^   intoxi- 

bonds,  notes,  securities,  article,  or  other  valuable  thing  from  any     gated  person. 

minor,  nor  from  any  intoxicated  person. 


To  be  open  for  in- 
spection. 


Chief  of  police  may 
hold  unpawned 
things. 


Second  hand  deal- 
ers required  to 
make  report 
daily. 


The  mayor  may  forthwith  revoke  the  license  of  ^  ^^^^^^ 

)  shall  have  been  convicted  of  any  violation  of  any     i:  '  „-«» 


Section  9. 
any  person  who  shall  have  been  convictea  ot  any  violation  oi  any 
provision  of  this  act,  whether  the  judgment  in  such  case  shall 
have  been  appealed  from  or  not. 


license. 


CHAP. 

4 


MILWAUKEE   CITY   CHARTER. 


50 


Lumber. 


Fish. 


Whiskey, 


Locomotive  en- 
gines, railroad 
cars,  etc. 


Policemen. 


Section  10.  Every  person  violating  any  of  the  provisions  of 
this  act  shall  be  punished  by  a  fine  of  not  exceeding  one  hundred 
dollars,  nor  less  than  ten  dollars,  or  by  imprisonment  in  the  house 
of  correction  of  Milwaukee  County  for  a  term  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 

4.1.  To  regulate  or  prohibit  the  keeping  of  any  lumber 
yard,  and  the  placing,  piling,  or  selling  of  lutnber,  timber 
wood,  or  other  combustible  material,  within  the  fire  limits 
of  said  city. 

^2.  To  regulate  the  measuring  and  inspecting  of 
lumber,  shingles,  timber,  posts,  staves  and  headings, 
and  all  building  materials,  and  to  appoint  one  or  more 
inspectors. 

4-^.  To  regulate  the  places  and  manner  of  selling 
pickled  and  other  fish. 

44.  To  regulate  the  inspection  of  whiskey  and  other 
liquors,  to  be  sold  in  barrels,  hogsheads  and  other  vessels. 

^5*.  To  provide  for  the  inspection  and  regulation  of 
stationary  steam  engines  and  boilers. 

46.  To  appoint  inspectors,  weighers  and  gangers,  and 
regulate  their  duties  and  prescribe  their  fees. 

^7.     To  establish  and  regulate  public  pounds. 

48.  To  regulate  and  prohibit  the  use  of  locomotive 
engines  within  the  city,  and  to  require  railroad  cars 
to  be  propelled  by  other  power  than  that  of  steam; 
to  direct  and  control  the  location  of  railroad  tracks;  and 
to  require  railroad  companies  to  construct  and  maintain, 
at  their  own  expense,  such  bridges,  viaducts,  tunnels,  or 
other  conveniences,  at  public  railroad  crossings,  as  the 
common  council  may  deem  necessary;  also  to  regulate  the 
running  of  horse  railway  cars,  the  laying  down  of  tracks 
for  the  same,  the  transportation  of  passengers  thereon, 
and  the  kind  of  rail  to  be  used. 

4g.  To  appoint  watchmen  and  policemen,  and  regulate 
the  police,  and  prescribe  their  duties. 


Numbering  houses.  5^-  '^^  compel  the  owners  and  occupants  of  all  houses, 
stores  and  other  buildings  within  the  city  of  Milwaukee, 
to  number  the  same  in  such  manner  as  the  common 
council  may  from  time  to  time  prescribe. 


51 


MILWAUKEE   CITY   CHARTER. 


CHAP. 
4 

5/.     To  declare  the  weed,  commonly  called  the  Canada  Noxious  plants. 
thistle,  and   other   noxious   plants   and   weeds  on   lots, 
parts  of  lots  and  lands  in  the  said  city,  a  public  nuisance, 
and  to  proceed  to  abate  the  same,   as  the  said  city  is 
authorized  by  law  to  abate  other  nuisances. 


Destruction  of 
weeds. 


CHAPTEE    313,    LAAT^S    OF    1887,    AS     AMENDED     BY 

CHAPTER  432,  LA^WS    OF  1889;   AS  AMENDED 

BY  CHAPTER  145,  LAA^S  OF  1893,  AND 

FUKTHER  AMENDED  BY  CHAPTER 

154,  LAWS  OF  1895. 

Section  1.  Section  1,  of  chapter  145,  of  the  laws  of  1893,  is 
hereby  amended  so  that  the  same  shall  read  as  follows:  Section  1. 
Every  person  and  corporation  shall  destroy,  upon  all  lands  which 
he  or  they  shall  own,  occupy  or  control,  all  weeds  known  as  the 
Canada  thistle  (circium  arvense),  burdock  (lappa  officinalis), 
white  or  ox-eye  daisy  (leucanthemum  vulgare),  snap  dragon  or 
toad  flax  (linaria  vulgaris),  cockle  burr  (zanthium  strumarium), 
sow  thistle  (souchus  arvensis),  sour  dock  and  yellow  dock  (rumex 
crispus),  mustard  (sinapis  arvensis),  wild  parsnip  (thapsium 
barbinode),  sweet  clover  (mellilotus  alba  or  mellitotus  vulgaris), 
and  Russian  thistle  (salsola  kali),  and  at  such  time  and  in  such 
manner  as  shall  effectually  prevent  them  from  bearing  seed.  In 
like  manner  shall  he  or  they  destroy  any  of  the  above-mentioned 
weeds  standing  or  growing  as  far  as  the  center  of  the  highways, 
lanes  or  alleys,  adjoining  the  lands  owned  or  controlled  by  him 
or  them. 

Section  2.     If  the  occupant  of  any  such  lands  shall  fail  to  so    pg»a|tv  for  failure 
destroy  such  weeds  as  so  required  after  having  six  days'  notice  in     jq  destroy. 
writing  by  any  commissioner  of  noxious  weeds,  such  occupant 
shall  be  fined  five  dollars  for  the  first  offense  and  ten  dollars  for 
each  offense  thereafter. 


Section  3.  Whenever  it  shall  become  necessary  to  serve 
notice  as  provided  in  section  2,  of  this  act,  upon  any  railroad  or 
other  corporation  owning  or  controlling  any  lands  in  any  town, 
such  notice,  if  served  upon  any  agent  of  such  corporation  residing 
or  being  in  said  town,  shall  be  deemed  good  and  sufficient  notice, 
and  if  no  such  agent  shall  reside  or  be  in  such  town,  then  such 
notice  may  be  served  upon  any  agent  of  such  corporation  who 
shall  reside  or  be  in  any  adjoining  town. 

Section  4.  It  shall  be  the  duty  of  the  chairman  of  the  board 
of  supervisors  of  each  town,  the  president  of  the  village  board  of 
any  village,  and  the  mayor  of  any  city,  to  appoint  some  competent 
person  or  persons,  in  their  town,  village  or  city,  to  be  styled 
commissioner  of  noxious  weeds,  who  shall  be  required  to  take  the 
same  oath  as  town  officers,  and  shall  hold  his  or  their  office  for 
one  year,  and  until  his  or  their  successors  are  appointed  and 
qualified.  Where  more  than  one  commissioner  is  appointed  in 
any  town,  city  or  village,   they  shall  be  assigned  separate  and 


Railroad  com- 
panies, service  of 
notice  upon. 


Commissioners    of 
noxious  weeds, 
how  appointed — 
duties. 


CHAP.  MILWAUKEE   CITY   CHARTER.  52 

4 

distinct  districts  or  territories.  For  any  good  cause  any  such 
commissioner  may  be  removed  by  the  officer  appointing  him  and 
a  successor  appointed  to  serve  the  unexpired  term. 

Duties  of  commis-  Section  5.  The  commissioner  shall  carefully  inquire  concern- 
3JQner.  iiig  the  existence  of  noxious  weeds  in  his  township  or  precinct, 

and  in  case  any  person,  persons  or  corporations  occupying  or 
controlling  any  lands  within  this  state  shall  neglect  to  destroy 
any  Canada  thistle,  teasel,  burdock  and  snap  dragon,  white  or 
ox-eye  daisy,  cockle  burr,  sow  thistle,  sour  dock  and  yellow  dock, 
growing  on  any  lands  owned  or  controlled  by  him  or  them,  or  on 
any  highway,  lane  or  alley  adjoining  such  lands,  it  shall  be  the 
duty  of  the  commissioner  to  destroy  or  cause  to  be  destroyed  all 
such  weeds.  He  shall  spend  as  many  days  as  the  chairman  of  the 
town  board,  president  of  the  village  or  mayor  of  the  city  may  deem 
necessary,  and  for  each  day  so  spent  shall  receive  two  dollars, 
upon  presentation  of  his  account  therefor,  verified  by  his  oath  and 
specifying  by  separate  items  against  each  piece  ot  land,  describing 
the  same,  and  the  several  amounts  shall  be  placed  in  the  next  tax 
roll  in  a  separate  column,  headed,  "for  destruction  of  weeds,"  as 
a  tax  against  the  lands  upon  which  such  weeds  were  destroyed  and 
be  collected  as  other  taxes. 

Section  6.     When  any  commissioner  shall  destroy  any  noxious 
Destruction  of  weed  under  the  provisions  of  this  act,  upon  any  lands  owned  or 

weeds  on  railroad         ^    ,,    -,  i.  -i      j  4.-       Zi,         j 

Ijpjjg compen-      controlled  by  any  railroad   corporation,  the   said  commissioners 

sation.  shall  certify  to  the  amount  of  money  he  is  entitled  to  under  the 

provisions  of  this  act,  to  the  board  of  supervisors  of  his  town,  who 
shall  transmit  a  certified  copy  of  said  certificate  to  the  state 
treasurer,  who  shall  include  the  amount  of  money  in  said  certificate 
in  the  amount  to  be  paid  for  a  license  by  said  corporation,  as 
provided  in  section  1213,  of  the  revised  statutes  of  1878;  and  the 
state  treasurer  shall  collect  the  same  from  said  corporation,  as 
prescribed  in  the  license  provided  in  sections  1212  and  1213,  of 
the  revised  statutes,  and  return  the  said  money  to  the  town  from 
which  such  certificate  was  transmitted. 

Section  6a.     Any  chairman  of  a  town  board,  or  any  president 
'^officer  to  perform    °^  ^  village  board,  or  the  mayor  of  any  city,  who  shall  refuse  or 

jyjjgg penalty.      neglect  to  appoint  one  or  more  thistle  commissioners,  as  provided 

in  section  4,  of  said  chapter,  within  thirty  days  next  following 
their  election,  shall  be  fined  not  less  than  fifty  dollars  nor  more 
than  one  hundred  dollars  and  costs,  on  complaint  made  in  writing 
by  any  resident  of  the  county  to  a  justice  of  the  peace,  or  magistrate 
in  such  county.  Any  weed  commissioner,  after  taking  his  oath  of 
ofiice,  who  shall  refuse  or  neglect  to  perform  the  duties  as 
prescribed  in  this  chapter,  shall  be  fined  not  less  than  ten  nor 
more  than  twenty-five  dollars  and  costs,  on  complaint  stated  as 
above,  for  each  and  every  such  offense. 

Town  clerk  to  read  Section  7.  It  shall  be  the  duty  of  every  town  clerk,  at  the 
this  act  aloud  at  annual  town  meeting  in  each  year,  to  read  aloud  to  said  meeting 
town  meeting.         the  whole  of  this  act. 

PgpgjI  Section  8.     All  previous  acts  in  relation  to  noxious  weeds,  and 

all  amendments  thereto  are  hereby  repealed. 


53  MILWAUKEE   CITY  CHARTER.  CHAP. 

4 

§2.     To   impose  fines   for   all    violations,   within   the  Fines. 
limits  of  the  said  city,  of  the  general  laws  of  the  state, 
when,   in  their  judgment,  it  is  necessary  for  the  peace 
and  good  order,  or  for  the  health  of  the  said  city. 

5j.     To  direct  and  regulate  the  planting  and  preserving  j^ees. 
of  ornamental  trees  in  the  streets  and  public  grounds. 

5^.  Exclusively  to  erect  and  construct,  or  to  permit  Bridges, 
or  cause  or  procure  to  be  erected  and  constructed,  float, 
pivot  or  drawbridges,  over  the  navigable  waters  within 
the  jurisdiction  of  said  city,  and  keep  the  same  in  repair; 
said  bridges  to  have  draws  of  suitable  width;  also  to  erect 
and  construct,  or  cause  to  be  erected  and  constructed, 
bridges  over  ravines  within  said  city. 

As  amended  by  Section  13,  Chapter  144,  I^aws  of  1875. 


Harbor  and  river. 


Speed  of  vessels. 


§5.  To  preserve  the  harbor;  to  prevent  any  use  of 
the  same,  or  any  act  in  relation  thereto,  inconsistent 
with  or  detrimental  to  the  public  health,  or  calculated  to 
render  the  waters  of  the  same,  or  any  part  thereof,  impure 
or  offensive,  or  tending  in  any  degree  to  fill  up  or  obstruct 
the  same;  to  prevent  and  punish  the  casting  or  deposit- 
ing therein  of  any  earth,  dead  animals,  ashes,  or  other 
substance  or  filth,  logs  or  floating  matter;  to  prevent  and 
remove  all  obstructions  therein,  and  punish  the  authors 
thereof;  to  regulate  and  prescribe  the  mode  and  speed  of 
entering  and  leaving  the  harbor,  of  passing  the  bridges, 
and  of  coming  to  and  departing  from  the  wharves  and 
streets  of  the  city,  by  steamboats,  canal  boats  and  other 
crafts  and  vessels,  and  the  disposition  of  the  sails,  yards, 
anchors  and  appurtenances  thereof,  while  entering, 
leaving  or  abiding  in  the  harbor;  and  to  regulate  and 
prescribe  by  such  ordinances,  or  through  their  harbor 
master  or  other  authorized  officer,  such  location  of  every 
canal  boat,  steamboat,  or  other  craft  or  vessel  afloat,  and 
such  changes  of  station  in,  and  use  of  the  harbor,  as  may 
be  necessary  to  promote  order  therein,  and  the  safety  and 
equal  convenience,  as  near  as  may  be,  of  all  such  boats, 
vessels,  crafts  and  floats;  and  to  impose  penalties,  not  pgnaities  and  ex- 
exceeding  one  hundred  dollars,  for  any  offense  against  penses. 
any  such  ordinance;  and  by  such  ordinance  to  change 
(^Sic)  such  penalties,  together  with  such  expenses  as  may 
be  incurred  by  the  city  in  enforcing  this  section,  upon 
the  steamboat,  canal  boat,  or  other  vessel,  craft  or  float. 


CHAP. 
4 


MILWAUKEE   CITY   CHARTER. 


54 


Lake  piers  and 
wharves. 


River  piers  and 
wharves. 


Indigent  and 
tute  children, 


Vagrants. 


Swindlers. 


56.  To  prescribe,  regulate  and  control  the  time  or 
times,  manner  and  speed  of  all  boats,  crafts  and  vessels 
passing  the  bridges  over  the  Milwaukee,  Menomonee 
and  Kinnickinnick  rivers,  and  the  canals  in  said  city. 

57.  To  regulate  the  construction  of  piers  and  wharves 
extending  into  Lake  Michigan  within  the  limits  of  said 
city ;  and  to  prescribe  and  control  the  prices  to  be  charged 
for  pierage  or  wharfage  thereon;  and  to  regulate,  prescribe 
and  control  the  prices  to  be  charged  for  dockage  and 
storage  within  the  city. 

58.  To  lease  the  wharfing  privileges  of  the  rivers 
at  the  ends  of  streets,  upon  such  terms  and  conditions 
as  may  be  reserved  in  the  leasing  of  other  real  estate, 
reserving  such  rents  as  may  be  agreed  upon,  and  employ- 
ing such  remedies  in  case  of  non-performance  of  any 
covenants  in  such  case  as  are  given  by  law  in  other 
cases;  but  no  buildings  shall  be  erected  thereon,  nor  shall 
a  lease  for  any  longer  period  then  ten  days  at  any  one 
time  be  executed;  and  the  owner  or  owners  of  the  adjoin- 
ing lot  or  lots,  shall,  in  all  cases,  have  the  preference  in 
leasing  such  property,  and  a  free  passage  over  the  same 
for  all  persons  with  their  baggage  shall  be  reserved  in 
s[XQ\\\^2i^^\  provided,  nothing  in  this  section  shall  be  so 
construed  as  to  impair  or  prejudice  any  rights  which  any 
person  may  have  acquired  by  the  acceptance  of  any 
proposition  heretofore  made  by  said  city  respecting  such 
wharfing  privileges. 

59.  To  authorize  the  taking  up,  and  to  provide  for  the 
safe  keeping  and  education,  for  such  periods  of  time  as 
may  be  deemed  expedient,  of  all  children  who  are  destitute 
of  proper  parental  care  and  growing  up  in  mendicancy, 
ignorance,  idleness  and  vice. 

60.  To  authorize  the  arrest,  fine  and  imprisonment, 
as  vagrants,  of  all  persons,  who  not  having  visible  means 
to  maintain  themselves,  are  without  employment,  idly 
loitering  or  rambling  about,  or  staying  in  groceries, 
drinking  saloons,  houses  of  ill-fame  or  houses  of  bad 
repute,  gambling  houses,  railroad  depots  or  fire  engine 
houses;  or  who  shall  be  found  trespassing  in  the  night 
time  upon  the  private  premises  of  others;  or  begging,  or 
placing  themselves  in  the  streets  or  other  thoroughfares 
or  public  places  to  beg  or  receive  alms;  also  keepers, 
exhibitors,  or  visitors  at  any  gaming   table,    gambling 


65  MILWAUKEE   CITY   CHARTER.  CHAP. 

4 

house,  house  of  fortune  telling,  place  for  cock  fighting, 
or  other  place  of  device;  and  all  persons  who  go  about  for 
the  purpose  of  gaming  or  watch  stufiing,  or  who  shall 
have  in  their  possession  any  article  or  thing  used  for 
obtaining  money  under  false  pretenses,  or  shall  disturb 
any  place  where  public  or  private  schools  are  held,  either 
on  week  day  or  Sabbath,  or  places  where  religious 
worship  is  held. 

6r.  To  regulate  or  prohibit  the  carrying  or  wearing  Concealed  arms, 
by  any  person  under  his  clothes,  or  concealed  about  weapons. 
his  person  of  any  pistol  or  colt,  or  slung  shot,  or  cross 
knuckles,  or  knuckles  of  lead,  brass  or  other  metal,  or 
bowie  knife,  dirk  knife,  or  dirk  or  dagger,  or  any  other 
dangerous  or  deadly  weapon,  and  to  provide  for  the 
confiscation  or  sale  of  such  weapons. 

62.     To    control    and    regulate    the    construction    of  chimneys  and 
buidings,  chimneys   and    stacks,    and    to    prevent    and     smoke  stacks. 
prohibit  the  erection  or  maintenance  of  any  insecure  or 
unsafe  buildings,  stack,  wall  or  chimney,   in  said  city, 
and  to  declare  them  to  be  nuisances,  and  to  provide  for 
their  summary  abatement. 

6^.  To  declare  that  it  shall  be  unlawful  for  any  hall,  Height  of  buildings. 
theatre,  opera  house,  church,  school  house  or  building 
of  any  kind  whatsoever,  to  be  used  for  the  assemblage 
of  people,  or  for  any  building  exceeding  three  stories  in 
height,  to  be  used  as  a  manufactory,  hotel  or  boarding 
house,  or  for  any  other  purpose,  unless  the  same  is  pro- 
vided with  ample  means  for  the  safe  and  speedy  egress  of 
the  persons  therein  assembled,  in  case  of  alarm,  and  may 
require  and  regulate  the  erection  of  ladders,  fire  escapes,  p.^.^  ggggpgs. 
standpipes,  or  other  appliances  for  the  escape  of  persons 
from  such  buildings,  or  the  extinguishment  of  fires,  and 
prescribe  penalties  for  the  failure,  to  provide  or  maintain 
such  means  and  appliances  for  the  egress  and  escape  of 
persons  from  such  buildings. 

As  amended  by   Section    11,  Chapter  324,    Laws  of  1882,    as 
amended  by  Chapter  75,  Laws  of  1891. 

6^.     To  require  the  mayor  and  chief  of  police  to  detail  pybijc  grounds  and 
a  sufficient  number  of  men  from  the  police  force  of  the     pounds. 
city  to  take  charge  of  the  public  grounds  of  said  city, 
and  to  properly   enforce  the   pound  ordinances  thereof, 
and  to  provide  for  the  election  of  one  or  more  pound 


C"*''-  MILWAUKEE   CITY   CHARTER.  56 

4 

keepers,  and  for  the  payment  of  such  pound  keepers, 
either  by  salary  or  fees,  or  partly  by  both;  and  to  make 
all  necessary  rules  and  regulations  for  the  enforcement  of 
any  pound  ordinance  of  said  city. 

Common  council  ^■5-     '^^^  common  council  of  the  city   of  Milwaukee 

may  provide  for  is  hereby  authorized  and  empowered  to  prescribe  by 
KeencuKnd  ordinance  the  erection  of  guards  and  the  kind  of 
walk.  guards  that  shall  or  may  be  erected,  to  protect,  the  turf 

laid  by  the  said  city  or  by  the  owner  of  the  abutting  lot 
or  land,  by  direction  or  permission  of  said  city,  between 
the  curb  and  the  walk  laid  for  the  traveling  foot  pas- 
sengers, for  the  purpose  of  ornamenting  or  beautifying 
any  street  in  said  city,  and  to  prohibit  foot  passengers 
from  using  the  space  between  the  curb  and  the  said 
sidewalk,  for  travel,  or  to  tear  down  or  injure  such 
guards,  and  to  prescribe  proper  penalties  for  the  violation 
of  any  of  the  provisions  of  such  ordinance;  and  any 
person  who  shall  hereafter  receive  any  injury  by  reason 
of  his  or  her  stepping  on  the  said  space  between  the 
sidewalk  and  the  curb,  or  by  reason  of  his  or  her  stepping 
or  running  against  any  such  guard  erected  to  protect  the 
same,  if  properly  erected,  shall  be  deemed  guilty  of  con- 
tributory negligence  and  shall  not  recover  any  damages 
therefor. 

Chapter  430,  Laws  of  1887. 

y  .  .         Section  4.     All  laws  and  ordinances  shall  be  passed 

vote  n6C6Ssary  to  _^ 

pass  an  ordi-         by   an   aflarmative  vote  of  a  majority  of  the   aldermen 

nance.  elect,  and  shall  be  signed  by  the  mayor,  and  by  the  pre- 

siding officer  of  the  council,  and  shall  be  published  in 
the  official  papers  of  said  city  before  the  same  shall  be 
in  force,  and  within  fifteen  days  after  such  publication, 
they  shall  be  recorded  by  the  city  clerk,  in  books  to  be 
provided  for  that  purpose;  but,  before  any  of  the  said 
laws,  ordinances,  rules,  regulations,  or  by-laws  shall  be 
so  recorded,  the  publication  thereof  respectively,  within 
the  said  time,  shall  be  proved  by  the  affidavit  of  the 
foreman  or  publisher  of  each  of  such  newspapers,  and 
said  affidavits  shall  be  recorded  therewith,  and  at  all 
times  and  in  all  courts  and  places,  shall  be  deemed  and 
taken  as  sufficient  evidence  of  the  time  and  manner  of 
such  publication.  No  ordinance  shall  be  passed,  no 
'^oJdlnrnws^and""  appropriation  shall  be  made,  and  no  act,  regulation, 
appropriations.       resolution  or  order  which  may  create  a  debt  or  liability 


67  MILWAUKEE   CITY   CHARTER.  C"*P- 

4 

against  said  city,  or  a  charge  upon  any  fund  thereof, 
shall  be  adopted  without  a  vote  in  its  favor  of  a  majority 
of  all  the  aldermen  (entitled  to  seats  in  the  common 
council)  which  vote  shall  be  taken  by  the  ayes  and  noes, 
and  entered  among  the  proceedings  of  the  council;  and 
when  the  grade  of  any  street  shall  have  been  established 
by  ordinance,  and  such  street  shall  have  been  actually 
made  to  conform  to  such  established  grade,  under  the 
direction  of  the  proper  authorities  of  said  city,  such  grade 
shall  not  thereafter  be  changed  without  a  vote  of  two-  vote  necessary  to 
thirds  of  all  the  members  elect  of  the  common  council,  change  grade  of 
including  the  votes  of  all  the  members  elect  representing 
the  ward  or  wards  in  which  the  change  is  proposed  to  be 
made,  in  favor  thereof;  the  vote  in  every  such  case  shall 
be  taken  by  ayes  and  noes,  and  shall  be  entered  upon 
the  journal  of  the  common  council.  All  rules,  regulations, 
resolutions  and  by-laws  shall  be  passed  by  an  affirmative 
vote  of  a  maj  ority  of  the  aldermen  elect,  except  when  other- 
wise provided  in  this  act.  Every  ordinance  to  establish 
the  grade  of  any  street  or  alley,  shall,  after  its  introduc- 
tion in  the  common  council,  be  published  in  full  with  the 
proceedings  of  the  council,  and  shall  lay  over  not  less 
than  two  weeks  after  its  introduction  before  it  shall  be 
passed. 

As  amended  by  Section  14,  Chapter  144,  Laws  of  1875;  further 
amended  by  Section  10,  Chapter  311,  Laws  of  1876. 

A  provision  of  the  charter  requiring  all  ordinances  to  be 
published  before  they  take  effect,  and  within  fifteen  days  there- 
after to  be  recorded,  but  before  recording  the  publication  is  to  be 
proved  by  affidavit,  will  be  construed  as  not  requiring  the 
publication  within  fifteen  days  after  the  enactment,  but  that  the 
proof  must  be  made  within  fifteen  days  after  publication. 
Janesville  vs.  Dewey,  3  Wis.,  221. 

Skction  5.     All  resolutions  appropriating  money,  or  Appropriation  reso- 

creating  any  charge  against  any  of  the  funds  of  said  city     lu*'on  shall  be 

rsffirrfid 
or   wards,    and   all    accounts   and   ordinances,    shall   be 

referred   to   appropriate   committees   and  shall  only  be 

acted  on  b}^  the  common  council  at  a  subsequent  meeting 

not  held  on  the  same  day,  on  the  report  of  the  committee 

to  which  the  same  were  referred;  provided,  however,  that 

when  a  committee   shall   report   by   resolution   upon   a 

matter  referred  to  them  by  the  common  council,  action 

upon  such  resolution  may,  in  the  discretion  of  the  council, 

be  taken  without  a  further  reference;  and,  in  either  case,  if 


CHAP. 

4 


MILWAUKEE  CITY  CHARTER. 


58 


the  report  is  made  upon  an  ordinance  or  resolution 
appropriating  money  out  of,  or  creating  any  charge 
against,  any  of  the  funds  aforesaid,  said  report  shall  be 
countersigned  by  the  city  comptroller,  and  said  comptrol- 
ler shall  not  countersign  any  such  report,  unless  there  is 
a  sufficient  portion  of  the  proper  city  or  ward  fund 
unappropriated  to  meet  said  appropriation  or  charge. 
Action  upon  any  report  of  a  committee  made  to  the 
common  council,  shall  be  deferred  to  the  next  regular 
meeting  of  the  same  by  request  of  one-fifth  of  the  alder- 
men present.  And  no  portion  of  any  city  or  ward  fund 
shall  be  transferred  to,  or  borrowed  from,  or  by  any  other 
of  said  funds,  at  any  time,  or  foJ  any  purpose  whatever, 
so  as  to  increase  any  fund  to  an  amount  in  excess  of  the 
estimate  for  such  fund  as  fixed  by  the  common  council. 

Amended  by  Section  15,  Chapter  144,  Laws  of  1875;  further 
amended  by  Chapter  274,  Laws  of  1881,  and  further  amended  by 
Section  12,  Chapter  324,  Laws  of  1882. 

The  word  "only"  in  this  section  prohibits  all  action  of  the 
common  council  upon  the  merits  of  such  resolution,  except  when 
the  matter  is  brought  before  them  in  one  of  the  ways  and  upon 
the  conditions  prescribed.  Such  requirements  are  preliminary  to 
such  action  on  the  merits,  and  are  jurisdictional. 
Oilman  vs.  Milwaukee,  61  Wis.,  588. 


Reconsiderations. 


Mayor  shall  ap* 
prove  ordinance 
in  writing. 


Time  in  which  to 
return  them  with 
objections. 


Vote  necessary  to 
override  veto. 


Section  6.  No  vote  of  the  common  council  shall  be 
reconsidered  or  rescinded  at  a  special  meeting,  unless  at 
such  special  meeting  there  be  present  as  large  a  number 
of  aldermen  as  were  present  when  such  vote  was  taken. 

Section  7.  Every  act,  ordinance,  by-law,  regulation, 
resolution,  or  appropriation,  which  shall  have  been  dul}- 
passed  by  the  common  council,  before  it  shall  take  effect, 
and  within  five  days  after  its  passage,  shall  be  duly  certi- 
fied by  the  city  clerk,  and  presented  to  the  mayor  for  his 
approbation.  If  he  approve,  he  shall  sign  it;  if  not,  he 
shall  return  it  within  five  days,  with  his  objections  stated 
in  writing,  to  the  city  clerk;  and  the  clerk  shall  submit 
said  objections  to  the  common  council  at  their  next 
regular  meeting  thereafter,  who  shall  enter  said  objections 
upon  the  record  of  their  proceedings,  and  shall  proceed 
to  reconsider  the  matter;  and  if,  after  such  reconsidera- 
tion, two-thirds  of  all  the  members  elected  should  vote 
to  pass  such  act,  ordinance,  by-law,  regulation,  resolution, 
or  appropriation,  it  shall  take  effect  and  be  in  force  as  an 
act  or  law  of  the  corporation;  otherwise  it  shall  be  null 


59  MILWAUKEE   CITY   CHARTER.  CHAP. 

4 

and  void.     All  such  votes,  after  receiving  the  objections 

of  the  mayor,   shall  be  taken  by   yeas   and   nays,    and 

entered  upon  the  journal  of  proceedings  of  the  common 

council.     If  the  mayor  shall  not  return  any  act,  ordinance,    lyi^y  become  law 

by-law,  resolution,  or  appropriation,  so  presented  to  him,     without  mayor's 

within  five  days  after  such  presentation  thereof,   it  shall     S'9"ature. 

take  effect  in  the  same  manner  as  if  he  had  signed  it. 

Section  8.     The  powers  conferred    upon     the    said  gyjjg        ^^ 
common  council  to  provide  for  the  abatement  or  removal     brought  to  abate 
of  nuisances,  shall  not  bar  or  hinder  suits,   prosecutions     ""'sances. 
or  proceedings  in  the  courts,  according  to  law.     Depots, 
houses,  or  buildings  of  any   kind   wherein    more   than 
twenty-five  pounds  of  gunpowder  are  deposited,  stored 
or  kept  at  one  time,  gambling  houses,  houses  of  ill-fame, 
disorderly  taverns,  and  houses  or  places  where  spirituous, 
vinous   or  fermented   liquors   are   sold  without  license, 
within  the  limits  of  said  city,   are  hereby  declared  and 
shall  be  deemed  public  or  common  nuisances. 

As  amended  by  Section  16,  Chapter  144,  Laws  of  1875. 

Section  9.     The  common  council  shall  examine,  audit   .         i     *  . 
,      , .  ,  r    ,         ,     ,  ^         ^      n  Accounts  of  treas- 

and  adjust  the  accounts  of  the   clerk,  treasurer,  board  of    urer,  board  of 

public  works,  and  all  other  ofiicers  or  agents  of  the  city,     public  works  and 

4.        u  A.-  ^x,  A  J      1         ^  .i       ot^'ers  shall  be 

at  such  time  as  they  may  deem  proper,  and  also  at  the  annually  ex- 
end  of  each  year,  and  before  the  term  for  which  the  amined. 
officers  of  said  city  are  elected  or  appointed  shall  have 
expired.  And  the  common  council  shall  require  each 
and  every  such  officer  and  agent  to  exhibit  his  books, 
accounts  and  vouchers,  for  such  examination  and  settle- 
ment, and  if  any  such  officer  or  agent  shall  refuse  to  com- 
ply with  the  orders  of  said  council  in  the  discharge  of  their 
duties  in  pursuance  of  this  section,  or  shall  neglect  or  refuse 
to  render  his  accounts  or  present  his  books  and  vouchers  to 
said  council,  or  any  authorized  committee  thereof,  it  shall 
be  the  duty  of  the  common  council  to  declare  the  office  of 
such  person  vacant.  The  common  council  shall  order 
suits  and  proceedings  at  law  against  any  officer  and  agent  ^^^.J'^''  '"^V  o''^^'* 
of  said  city,  who  may  be  found  delinquent  or  defaulting 
in  his  accounts,  or  in  the  discharge  of  his  official  duties. 
And  they  shall  make  a  full  record  of  all  such  settlements 
and  adjustments. 


CHAP. 

4 


MILWAUKEE   CITY   CHARTER. 


CHAPTER  148,  LAWS  OF  1893. 


60 


AN  ACT  to   require  the   publication   of  applications  to   village 
boards  and  city  councils  for  private  or  corporate   franchises. 

Section  1.  The  provisions  of  the  Revised  Statutes  of  the 
State  of  Wisconsin,  relating  to  powers  of  village  boards  of  incor- 
porated villages,  and  as  to  powers  of  common  councils  of  cities  in 
the  state  of  Wisconsin,  in  relation  to  granting  franchises,  are 
hereby  limited  and  defined  by  the  following  provision:  No  fran- 
chise shall  be  granted  by  any  village  board  of  any  village,  or  by 
any  common  council  of  any  city  in  the  State  of  Wisconsin,  to  any 
person  or  persons  or  corporation  whatsoever,  without  first  having 
published  such  franchise,  at  the  expense  of  the  party  applying  for 
the  same,  in  the  ofiicial  newspaper  of  such  city  or  village,  for  not 
less  than  two  weeks  previous  to  taking  action  thereon  by  such 
village  board  or  common  council,  in  order  that  the  people  whose 
interests  are  at  stake  may  have  an  opportunity  to  be  heard  if  they 
so  desire. 

Section  2.  This  act  shall  be  construed  to  be  an  amendment 
of  every  city  charter  and  of  every  village  charter,  whether  incor- 
porated under  the  special  or  general  laws  of  the  State  of  Wisconsin, 
wherein  a  similar  provision  does  not  already  exist,  but  not 
otherwise. 


Board  of  public 
works  how 
created  and 
organized. 


Term  of  office. 


CHAPTER  V. 


BOARD   OF   PUBLIC   WORKS. 


Section  1.  There  is  hereby  established  for  the  city 
of  Milwaukee  an  executive  department  to  be  known  as 
the  board  of  public  works,  which  shall  consist  of  four 
persons  styled  commissioners  of  public  works.  The  city 
engineer  of  said  city  shall  be  ex-officio  one  of  said  com- 
missioners, and  president  of  said  board.  The  members 
of  said  board  shall  be  appointed  by  the  mayor  of  said 
city,  with  the  approval  of  a  majority  of  the  members 
elect  of  the  common  council.  The  term  of  office  of  the 
city  engineer  and  of  the  other  commissioners  shall  be 
three  years,  and  shall  commence  on  the  third  Tuesday  of 
April.  Kach  of  the  present  members  of  said  board 
shall  hold  his  office  (unless  sooner  removed  as  provided 
by  law)  until  the  expiration  of  the  term  for  which  he  was 
appointed,  and  annually  hereafter  a  person  shall  be 
appointed  for  three  years,  as  above  provided,  to  succeed 
the  member  whose  term  of  office  shall  then  expire,  and 
as  often  as  vacancy  shall  occur  in  said  board,  whether  by 
death,  resignation,  or  otherwise,  a  person  shall  be 
appointed  in  the  manner  above  provided,  to  succeed  the 
person  whose  office  shall  so  become  vacant,  for  the 
remainder  of  his  term.      The  members  of   said  board, 


61  MILWAUKEE   CITY   CHARTER.  CHAP. 

5 

except  the  city  engineer,  at  the  time  of  their  appointment, 
shall  respectively  reside — one  in  that  part  of  said  city  j^^^j.  residence 
which  lies  east  of  the  Milwaukee  river,  one  in  that  part     prescribed, 
of  said  city  which  lies  west  of  the  Milwaukee  and  north 
of  the  Menomonee  rivers,  and  one  in  that  part  of  said 
city  which  lies  south  of  the  Menomonee  and  west  of  the 
Milwaukee     rivers.       The     commissioners     shall     elect 
annually,  from  their  own  number,    a  secretary,   who  is 
hereby  authorized  to  administer  all  oaths  required  by  this 
act.     The  city  engineer  and  the  other  commissioners  of 
said  board  may   be   removed  for   incompetency  by  the 
mayor,  with  the  approval  of  a  majority  of  all  the  mem- 
bers elect  of  the  common  council. 

As  amended  by  Section  17,  Chapter  144,  Laws  oiF  1875. 

' '  An  executive  department  to  be  known  as  the  board  of  public 
works,"  was  estabHshed  for  the  city  by  the  charter,  with  certain 
limited  powers. 

Koch  vs.  Milwaukee,  89  Wis.,  220. 

The  original  act  creating  the  board  of  public  works,  being 
ch.  401,  laws  of  1869,  held^oW^. 

State,  ex  rel.  Attorney  General  vs.  O'Neill,  24  Wis., 
149. 

Section  2.  The  mayor  shall  on  the  third  Tuesday  of  ^^^  engineer,  his 
April,  1875,  or  within  one  week  thereafter,  and  once  in  duties  and 
three  years  thereafter,  appoint,  subject  to  the  approval  of  P'*^®''^- 
a  majority  of  the  members  elect  of  the  common  council, 
some  competent  person  as  city  engineer,  who  shall  keep 
his  oflSce  in  some  convenient  place,  to  be  designated  by 
the  common  council,  and  it  shall  be  his  special  duty  to 
superintend  and  to  do  or  cause  to  be  done,  all  the  civil 
engineering  required  by  the  board  of  public  works,  in 
the  management  and  prosecution  of  all  the  public 
improvements  committed  to  their  charge  and  all  such 
other  surveying  as  may  be  directed  by  said  board,  or  by 
the  common  council.  He  shall  devote  his  whole  time  to 
the  duties  of  his  office  as  city  engineer  and  ex-officio 
commissioner  and  president  of  the  board  of  public  works, 
but  he  shall  not  be  required  to  sign  any  contract,  certifi- 
cate or  other  paper  to  be  executed  or  issued  by  said  board 
of  public  works  under  this  act.  Said  engineer  shall 
possess  the  same  powers  in  making  surveys  and  plats 
within  said  city  that  are  given  by  law  to  county  surveyors, 
and  the  like  validity  and  eiFect  shall  be  given  to  his  acts, 
and  to  all  plats  and  surveys  made  by  him,  as  are  or  may 


CHAP. 

5 


MIIyWAUKKR   CITY   CHARTER. 


62 


be  given  to  the  acts,  plats  and  surveys  of  county  surveyors. 
He  shall  keep  a  record  of  all  his  official  acts  and  doings, 
shall  keep  on  file  a  copy  of  all  plats  of  the  lots  and 
blocks  and  sewers  embraced  in  the  city  limits,  of  profiles 
of  streets,  alleys  and  sewers  and  of  the  grade  thereof, 
and  of  all  drafts  and  plans  relating  to  bridges  and 
harbors,  and  to  any  public  buildings  belonging  to  the 
city  of  Milwaukee;  and  shall  keep  a  record  of  the  location 
of  bench  marks  and  permanent  corner  stakes  from  which 
subsequent  surveys  shall  be  started,  all  of  which  such 
records  and  documents  shall  be  the  property  of  the  city, 
open  to  the  inspection  of  parties  interested,  and  shall  be 
delivered  over  by  said  engineer  at  the  expiration  of  his 
term  of  service  to  his  successor  in  office,  or  to  the  board 
Shall  make  annual  ^^  public  works.     He  shall  make  an  annual  report  of  all 


report. 


Additional  em- 
ployes and  work- 
men. 


Compensation  of 
commissioners. 


the  acts  and  doings  of  the  engineer's  department  to  the 
board  of  public  works  on  or  before  the  first  day  of 
February  in  each  year.  Said  engineer  shall  appoint  such 
assistants  and  workmen  as  he  may  deem  necessary  in  the 
discharge  of  his  duties,  subject,  however,  to  such  regula- 
tions respecting  the  number  of  assistants  and  workmen 
to  be  appointed,  and  their  compensation,  as  the  common 
council  may  prescribe  by  ordinance. 

As  amended  by  Section  18,  Chapter  144,  Laws  of  1875. 

Skction  3.  The  said  board  of  public  works  are 
authorized  to  employ,  from  time  to  time,  such  superinten- 
dents, clerks,  agents,  assistants  and  workmen  as  they 
may  deem  necessary  in  the  discharge  of  their  duties; 
and  may  adopt  by-laws  for  the  regulation  and  conduct  of 
all  persons  in  their  employ  or  under  their  supervision; 
subject,  however,  to  such  regulations  respecting  the 
number  of  persons  regularly  or  permantly  employed 
and  their  compensation  and  duties,  as  the  common  council 
may  prescribe  by  ordinance.  Any  person  appointed  or 
employed  under  the  provisions  of  this  or  the  next  preced- 
ing section,  may  at  any  time  be  removed  or  discharged 
for  incompetency  by  the  board  of  public  works  or  by  a 
majority  of  the  members  elect  of  the  common  council. 
The  commissioner  of  public  works  appointed  prior  to 
the  third  Tuesday  in  April,  1874,  and  now  in  office,  shall 
receive  an  annual  salary  of  $2,250,  and  the  commissioner 
appointed  on  the  third  Tuesday  in  April  of  1874,  shall 
continue  to  receive  the  annual  salary  fixed  by  the  com- 
mon council  on  the  sixth  day  of  May,  1874.     The  city 


63  MILWAUKEE   CITY   CHARTER.  CHAP. 

5 

engineer,  who  maj^  be  hereafter  appointed,  shall  receive 
such  a  salary  as  may  be  fixed  by  the  common  council, 
not  exceeding  four  thousand  dollars  per  annum,  and  the 
other  commissioners  who  may  be  hereafter  appointed  shall 
receive  such  a  salary  as  may  be  fixed  by  the  common 
council  not  exceeding  three  thousand  dollars  per  annum, 
but  the  amount  of  such  salary  for  the  city  engineer  and 
for  each  of  the  other  commissioners  shall  not  be  fixed 
until  after  his  appointment  shall  have  been  confirmed  by 
the  common  council.  * 

As  amended  by  Section  19,  Chapter  144,  Laws  of  1875;  further 
amended  by  Chapter  208,  Laws  of  1881,  which  was  afterward 
repealed  by  Section  58,  Chapter  324,  Laws  of  1882. 

Section  4.     Each  of   the  members  of   the  board  of  official  oath  and 
public  works  shall,  on  entering  upon  the  duties  of  his     bond. 
office,   take  and  subscribe  an   oath  of  office  to  support 
the  constitution  and  laws  of  the  state  of  Wisconsin,  and 
faithfully  to  perform   the  duties  of  his  office,  and  shall 
give  a  bond  to  the  said  city,  with  sufficient  sureties  to  be 
approved  by  the  common  council,  in  such  penal  sum  not 
less  than  five  thousand  dollars,  as  the  common  council 
shall  prescribe,  for  the  faithful  performance  of  his  duties. 
Said  board  shall  keep  their   office  at   some   place   to  be 
designated  by  the  common  council,  and  shall  fix  certain  q^.     ^^^   „. 
days  and  hours  when  they,  or  a  majority  of  them,  will     hours, 
be  in  attendance  to  hear  complaints  and  transact  business. 
No   estimate,    contract   or   other   official  paper  shall  be 
signed  or  executed  by  said  board  except  at  the  office  so 
designated  by  the  common  council.     Bach  of  the  com-  51,311  own  horse 
missioners  of  the  said  board  shall  be  required  to  provide,     and  buggy. 
at  his  own  expense,  a  horse  and  vehicle  for  use  in  the 
discharge  of  his  duties  as  such  commissioner. 

Section  5.     A  majority  of  said  board  shall  be  a  quo-   ^^^^^^^  ^^^  j^^gj. 
rum  to  do  business.     They  shall  keep  a  record    of  all     ness. 
their  acts   and   doings,  and  keep  and  preserve  all  con- 
tracts, plans,  estimates  and  profiles,  which  at  all  times 
shall  be  open  to  the  inspection  of  the  common  council  or 
any  member  thereof,  or  of  any  committee  appointed  by 
said  council.     They  shall  report  their  acts  and  doings  in  Annual  reports, 
detail  to  the  common  council  on  or  before  the  1st  day 
of  March  in  each  year,  and  oftener  if  required   by   the 
common  council. 


CHAP.  MILWAUKEE   CITY   CHARTER.  64 

5 

What  the  board  SECTION  6.     It  shall  be  the  duty  of  said  board  to  take 

shall  have  special  special    charge   and   superintendence,    subject    to    such 
■  ordinances   as  may  be  lawfully  passed  b}^  the  common 

council,  of  all  streets,  alleys,  highways,  sidewalks,  cross- 
walks, bridges,  docks,  wharves,  public  grounds,  engine- 
houses,  school  houses,  and  all  other  public  buildings  and 
grounds  belonging  to  the  city  or  to  either  of  the  wards, 
except   as   otherwise   provided   in   this   act;    also  of  all 
works  for  the  deepening,  widening  or  dredging  of  the 
•rivers  of  said  city;  of  all  sewers  and  the  work  pertaining 
thereto;  and  of  all  public  works-  commenced  or  under- 
taken  by   the   city   or   either  of  the   wards,    except  as 
May  make  con-        otherwise  provided  in  this  act.     They  shall  have  power 
tracts.  to  make  contracts  in  the  name  and  behalf  of  the  city  for 

the  purposes,  in  the  manner  and  under  the  limitations 
prescribed  by  this  act.  They  shall  perform  all  the 
duties  prescribed  by  this  act,  and  such  other  duties  as  the 
common  council  may  from  time  to  time  require. 

The  powers  of  the  board  of  public  works  under  this  section  are 
quasi  judicial,  and  their  exercise  cannot  be  questioned  colla- 
terally. 

Robinson  vs.  Milwaukee,  61  Wis.,  585. 

The  authority  of  the  board  of  public  works  is  purely  statutory, 
and  the  validity  of  their  acts  depends  upon  their  having  proceeded 
step  by  step  in  strict  conformity  to  the  statute. 

Kneeland  vs.  Milwaukee,  18  Wis.,  431. 

The  city  is  responsible  for  the  default  of  its  street  commisioners. 
Kittredge  vs.  Milwaukee,  26  Wis.,  46. 

The  owner  of  an  adjoining  lot,  having  an  estate  in  fee  to  the 
center  of  the  street,  has  a  right  to  the  enjoyment  of  any  use  of  his 
estate  consistent  with  the  servitude  to  which  it  is  subjected. 
Hundhausen  vs.  Bond,  36  Wis.,  29. 

D    -•  ^#  •  1—1  Section  7.     All  repairs  and  alterations  in  the  school 

Repair  of  school       ,     .. ,.  -       .,      .  ,    •        i  •  ,     , 

buildings.  buildmgs   of  said   city,   and   m   the   premises   attached 

thereto,  shall  be  made  by  the  board  of  public  works  in 

the  same  manner  as  the  said  board  is  authorized  to  do 

other  similar  work.     And  whenever  any  such  repairs  or 

alterations  are  deemed  necessary  by  the  school  board,  it 

shall  be  their  duty  to  report  the  same   to   the   common 

council  of  the  said  city  for  their  order  and  direction  in  the 

premises. 

As  amended  by  Section  13,  Chapter  324,  Laws  of  1882.  Chapter 
65,  Laws  of  1881,  repealed  by  Section  58,  Chapter  324,  Laws  of  1882. 


65  MILWAUKEE  CITY  CHARTER.  CHAP. 

5 

Section  8.  The  said  board  of  public  works  shall  have 
the  exclusive  power  to  grant  permits,  subject  to  such 
regulations  and  restrictions  as  may  be  prescribed  by  the 
ordinances  of  the  city,  for  the  moving  of  houses,  along  Moving  of  houses, 
or  across  streets,  alleys  or  walks,  and  to  regulate  the 
building  of  vaults  under  streets,  alleys  or  sidewalks.  No 
building  material  or  other  obstruction  of  any  kind  shall 
be  placed  on  the  streets,  walks,  or  other  public  grounds 
of  the  city,  without  the  written  permit  of  said  board. 
They  shall  have  power,  subject  to  such  ordinances  as 
may  be  lawfully  passed  by  the  common  council,  to 
regulate  and  control  the  manner  of  using  streets,  alleys 
or  walks,  for  laying  down  gas  or  water  pipes  and  sewers.  Laying  gas  and 
and  to  determine  the  location  and  depth  thereof,  and  to  water  pipes, 
cause  the  prompt  repair  in  such  time  and  manner  as  they 
shall  direct,  of  streets,  alleys  and  walks,  whenever  such  pipes 
or  sewers  may  be  taken  up  or  altered.  And  in  case  any 
corporation  or  individual  shall  neglect  to  repair  or  restore 
to  its  former  condition,  any  street,  alley  or  sidewalk  so 
excavated,  taken  up  or  altered,  within  the  time  and  in 
the  manner  directed  by  said  board,  the  said  board  shall 
cause  the  same  to  be  done  at  the  expense  of  such  cor- 
poration or  individual. 

As  amended  by  Section  20,  Chapter  144,  Laws  of  1875, 
See  note  to  Section  16,  Chapter  VIII. 

Section  9.  Whenever  any  public  work  or  improve-  Public  woric  to  be 
ment  shall  be  ordered  by  the  common  council,  the  said  done  by  contract. 
board  shall  advertise  for  proposals  for  doing  the  same;  a 
plan  or  profile  of  the  work  to  be  done,  accompanied  with 
specifications  for  doing  the  same,  or  other  appropriate  and 
sufiicient  description  of  the  work  required  to  be  done, 
and  of  the  kinds  and  quality  of  material  to  be  furnished, 
being  first  placed  on  file  in  the  ofiice  of  said  board  for 
the  information  of  bidders  and  others.  Such  advertise- 
ment shall  be  published  at  least  six  days  in  the  ofi&cial 
city  papers,  and  shall  state  the  work  to  be  done  and  the 
time  for  doing  the  same,  which  shall  in  all  cases  be  such 
reasonable  time  as  may  be  necessary  to  enable  a  con- 
tractor with  proper  diligence  to  perform  and  complete 
such  work.  All  proposals  shall  be  sealed  and  directed 
to  said  board,  and  shall  be  accompanied  with  a  bond  to 
the  city  of  Milwaukee  in  such  penal  sum,  not  less  than  "bond" 
thirty  per  cent,  of  the  amount  of  the  engineer's  estimate 


Contractor  to  give 


CHAP.  MILWAUKEE   CITY   CHARTER.  66 

5 

of  the  cost  of  such  work,  as  the  board  in  such  advertise- 
ment may  direct;  which  bond  shall  be  signed  by  the 
bidder  and  by  two  or  more  responsible  sureties  who 
shall  each  make  afiEidavit  that  he  is  the  owner  of  real 
estate  in  the  county  of  Milwaukee,  over  and  above  all 
incumbrances  and  subject  to  execution,  of  a  cash  value 
equal  to  the  penalty  of  said  bond,  that  he  is  worth  the 
penal  sum  of  such  bond  over  and  above  all  his  debts 
and  liabilities,  in  property  in  said  county,  subject  to 
execution;  such  bond  and  sureties  to  be  approved  by 
the  board  previous  to  the  opening  of  the  accompanying 
bids  or  proposals,  and  shall  be  conditioned  that  such 
bidder  will  execute  and  perform  the  work  for  the  price 
mentioned  in  his  proposals  and  according  to  the  plans 
and  specifications  on  file,  in  case  the  contract  shall  be 
awarded  to  him,  and  in  case  of  default  on  his  part  to 
execute  a  contract  with  satisfactory  sureties  and  to  per- 
form the  work  specified,  said  bond  shall  be  prosecuted 
in  the  name  of  said  city,  and  judgment  recovered  thereon 
for  the  full  amount  of  the  penalty  thereof,  as  liquidated 
damages,  in  any  court  having  jurisdiction  of  the  action, 
unless  the  common  council  shall,  by  resolution,  direct 
that  no  action  shall  be  commenced;  provided,  that  no 
bond  shall  be  required  of  any  bidder  who,  at  the  time  he 
offers  his  bid  or  proposal  as  aforesaid,  shall  deposit 
with  the  board  of  public  works  a  sum  of  money  equal  to 
fifty  per  cent,  of  the  penalty  required  for  such  bond, 
under  an  agreement  that  the  same  shall  be  returned  to 
such  bidder  in  case  the  contract  for  the  work  bid  for  is 
not  awarded  to  such  bidder,  or  in  case  he  makes  no 
default  in  the  execution  of  the  contract,  with  satisfactory 
sureties,  in  case  it  is  awarded  to  such  bidder,  and  that  in 
case  the  contract  is  so  awarded,  and  he  shall  fail  to 
execute  a  contract  with  satisfactory  sureties,  to  perform 
the  work  specified,  for  the  price  named  in  his  bid,  within 
a  reasonable  time  after  such  contract  is  prepared  and 
ready  for  execution,  then  said  sum  of  money  shall 
become  the  property  of  said  city,  as  fixed  and  liquidated 
damages  for  such  default,  and  shall  be  paid  by  the  said 
board  to  the  city  treasurer. 

As  amended  by  Sec.  21,  Chap.  144,  I^aws  of  1875,  and  further 
amended  by  Chap.  294,  Ivaws  of  1881,  Sec.  14,  Chap.  324,  Laws  of 
1882,  and  Sec.  1,  Chap.  388,  Laws  of  1889. 


67  MILWAUKEE   CITY   CHARTER.  CHAP. 

5 

Board  of  public  works  cannot  initiate  erection  or  construction 
of  public  buildings  or  improvements,  but  can  act  only  after  the 
work  or  improvement  has  been  ordered  by  the  council. 

Koch  vs.  Milwaukee,  89  Wis.,  220. 
See  Wright  vs.  Forristal,  65  Wis.,  341. 

See  Chapter  368,  Laws  of  1895,  in  Chapter  VIII  of  this  charter. 

Section  10.  All  contracts  shall  be  awarded  to  the  contractor  to  fur- 
lowest  bidder,  who  shall  have  complied  with  the  fore-  nish  sureties, 
going  requisitions;  provided,  that  no  contract  shall  be 
entered  into  by  the  board  of  public  works,  unless  the 
same  shall  be  executed  by  two  or  more  sureties  for  the 
contractor  guaranteeing  to  the  satisfaction  of  the  said 
board  the  performance  of  such  contract  by  the  contractor, 
under  the  superintendence,  and  to  the  satisfaction  of  said 
board,  each  of  which  sureties  shall  make  an  affidavit 
endorsed  on  or  attached  to  such  contract,  that  he  is  the 
owner  of  real  estate  in  the  county  of  Milwaukee,  over 
and  above  all  incumbrances  and  subject  to  execution,  of 
a  cash  value  equal  to  the  penal  sum  of  such  bond,  and 
that  he  is  worth  the  estimated  amount  of  money  to  be 
paid  on  such  contract,  over  and  above  all  his  debts  and 
liabilities,  in  property,  in  said  county  subject  to  execution. 
And  provided  further,  that  whenever  the  lowest  bid  for 
any  work  to  be  let  by  said  board,  shall  appear  to  said 
board  to  be  unreasonably  high,  the  said  board  is  author- 
ized to  reject  all  bids  therefor,  and  to  re-let  the  work 
anew;  and  whenever  any  bidder  shall  be,  in  the  judg- 
ment of  said  board,  incompetent,  or  otherwise  unreliable 
for  the  performance  of  the  work  for  which  he  bids,  the 
said  board  shall  report  to  the  common  council  of  the  said 
city  a  schedule  of  all  the  bids  for  such  work,  with  a 
recommendation  to  accept  the  bid  of  the  lowest  competent 
and  reliable  bidder  for  such  work,  with  its  reasons  for 
such  recommendation,  and  thereupon  it  shall  be  lawful 
for  the  said  common  council  to  direct  the  said  board 
either  to  let  the  work  to  such  lowest  competent  and 
reliable  bidder,  or  to  re-let  the  same  anew.  And  provided 
further,  that  the  said  board  may  reject  the  bid  of  any 
person  who  shall  previously  have  wilfully  or  negligently 
failed  to  complete  any  work  or  contract  entered  into  by 
him  with  the  city,  or  any  officer  or  department  thereof, 
or  who  shall  have  wilfully  or  negligently  failed  to  enter 
into  a  contract  with  satisfactory  sureties,  for  any  work  or 
improvement  that  shall  have  been  previously  awarded  to 


CHAP.  MILWAUKEE   CITY   CHARTER.  68 

5 

him  by  said  board,  and  the  failure  to  let  such  contract  to 
the  lowest  bidder,  in  compliance  with  any  provision  of 
this  section,  shall  not  invalidate  such  contract,  or  any 
special  assessment  thereunder,  or  for  the  work  done  in 
virtue  thereof. 

As  amended  by  Sections  22,  Chapter  144,  Laws  of  1875  and 
further  amended  by  Section  15,  Chapter  324,  Laws  of  1882,  and 
Section  2,  Chapter  388,  Laws  of  1889. 

The  board  of  public  works  is  authorized  to  reject  all  bids  for 
proposed  work  when  the  lowest  bid  shall  appear  to  said  board  to 
be  unreasonably  high.  In  such  case,  they  may  re-let  the  work 
anew,  and  may  let  the  contract  for  part  of  the  work  at  one  time, 
and  another  contract  for  the  remainder  at  another  time,  when  the 
board  is  unable  to  obtain  a  satisfactory  bid  for  the  whole  improve- 
ment. 

Wright  vs.  Forristal,  65  Wis.,  341. 

A  contract  let  without  the  prescribed  notice  of  letting  having 
been  properly  given,  is  void. 

Mitchell  vs.  Milwaukee,  18  Wis.,  99. 

Where  a  contract  is  by  law  required  to  be  let  to  the  lowest 
bidder,  a  violation  of  that  provision  will  be  regarded,  prima  Jade, 
as  "affecting  the  substantial  justice  of  the  tax  "  levied  to  pay  for 
the  work. 

Wells  vs.  Burnham,  20  Wis.,  119. 

Notice  to  be  given  of  the  letting  of  contracts  should  inform 
bidders,  either  by  the  notice  or  the  specifications  on  file,  of  the 
amount  of  work  intended  to  be  included  in  such  contract;  the 
time  within  which  it  is  to  be  finished;  the  manner  in  which  it  is 
to  be  done;  and  the  quality  of  the  materials,  if  any,  which  are  to 
be  furnished. 

Kneeland  vs.  Furlong,  20  Wis.,  560. 

In  such  contract,  the  board  of  public  works  has  no  right  to 
•'reserve  the  right  to  divide  the  work  "  after  the  bids  are  received. 
Ibid. 

When  a  municipal  corporation  lets  a  contract  in  excess  of  the 
amount  authorized  by  law,  and  afterwards  procures  legislation 
increasing  the  amount  originally  authorized,  it  will  be  construed 
as  a  ratification  of  the  original  contract  for  an  amount  exceeding 
the  authority  it  then  possessed. 

Hasbrouck  vs.  Milwaukee,  21  Wis.,  219. 


Street  contractors 


Section  11.     Whenever  any  board  or  officer  of  the 

>ireei   coniraciors ,  .  ,      i  •   i      i     n 

to  put  up  suitable  city  shall  let  any  work  or  improvement  which  shall  require 

barriers  and  the  digging   up,   use  or  occupancy  of  any  street,  alley, 

highway,  or  public  grounds  of  said   city,  there  shall  be 

inserted  in  the  contract  therefor  substantial  covenants, 

requiring  such  contractor,  during  the  night  time,  to  put 

up  and  maintain  such  barriers  and  lights  as  will  effectually 


69  MILWAUKEE  CITY   CHARTER.  CHAP. 

5 

prevent  the  happening  of  any  accident  in  consequence  of 
such  digging  up,  use  or  occupancy  of  said  street,  alley, 
highway,  or  other  public  grounds,  for  which  the  city  might 
be  liable;  and  also  such  other  covenants  and  conditions  as 
experience  has  proved  or  may  prove  necessary  to  save 
the  city  harmless  from  damages.  And  it  shall  also  be  g,^^„  ^^  y^^^^^  ^^^ 
provided  in  such  contracts,  that  the  party  contracting  damages. 
with  the  city  shall  be  liable  for  all  damages  occasioned 
by  the  digging  up,  use  or  occupancy  of  the  street,  alley, 
highway  or  public  grounds,  or  which  may  result  there- 
from, or  which  may  result  from  the  carelessness  of  such 
contractor,  his  agents,  employes  or  workmen. 

When  the  city  has  put  up  a  sufficient  barrier,  it  is  only  bound  to 
use  common  care  and  diUgence  in  maintaining  it.     If  such  barrier 
is  afterwaids  removed  or  thrown  down,  without  the  knowledge  or 
fault  ot  the  city  authorities,  the  city  is  not  liable. 
Klatt  vs.  Milwaukee,  53  Wis.,  196. 

Section  12.     Whenever  any   work   or   improvement  «    .     .       .    . 
,       ^       ,  ^  ^  ^         Contractors  to  in- 

shall   be   let  by  contract  to  any  person  or  persons,  firm     demnify  city. 

or  corporation,  covenants  shall  be  inserted  in  such  con- 
tract, binding  such  person  or  persons,  firm  or  corpora- 
tion and  the  sureties  to  save  and  indemnify,  and  keep 
harmless,  the  said  city  against  all  liabilities,  judgments, 
costs  and  expenses  which  may  in  anywise  come  against 
said  city  in  consquence  of  the  granting  of  such  con- 
tract, or  which  may  in  anywise  result  from  the  carelessness 
or  neglect  of  such  person  or  persons,  firm  or  corporation, 
or  his  or  its  agents,  employes  or  workmen,  in  any  respect 
whatever;  and  in  every  such  case  where  judgment  is 
recovered  against  the  city  by  reason  of  the  carelessness 
or  negligence  of  such  person,  persons,  firm  or  corporation 
so  contracting,  or  his,  their  or  its  agents,  employes  or 
workmen,  and  when  due  notice  has  been  given  of  the  qj.  recover 

pendency  of  such  suit,  such  judgment  shall  be  conclusive     from  them  ail 
against   such  person,   persons,   firm  or  corporation,  and     ^''^*^  ^"^  **^'"' 
his,  or  their,  or  its  sureties  on  such  bond,  not  only  as  to 
the   amount   of   damages,    but   as   to   their    liability   to 
said  city. 

Section  13.     All  contracts  entered  into,  and  all  public  contracts  and  pub- 
notices  required  by  law  to  be  given  by  the  board  of  public     ijc  notices  must 

works  of  the  city  of  Milwaukee,  shall  be  countersigned     ?®  countersigned 

,;         -    ,  . ,      .  ^     1    ii   -,  by  the  comp- 

by  the  comptroller  of  the  said  city,  and  shall  have  no     troiier. 

force  unless  so  countersigned.     All  contracts  entered  into 

by  the  said  board,  and  all  bonds  taken  by  them,  shall  be 


CHAP.  MILWAUKEE  CITY  CHARTER.  70 

5 

entered  into  in  the  name  of,  and  shall  be  executed  to  the 
city  of  Milwaukee;  and  all  such  bonds  or  contracts,  when 
executed,  shall  be  examined  and  approved,  as  to  form 
and  execution,  by  the  city  attorney. 

Contracts  shall  not  SECTION  14.  The  said  board  of  public  works  shall 
exceed  appro-  have  no  power,  by  contract  or  otherwise,  to  exceed  in  the 
pria  ions.  doing  of  any  work,  in  any  one  year,  the  sum  appropriated 

for  such  work  by  the  said  common  council,  or  by  law, 

for  such  year. 


Estimates  to  ao-  SECTION  15.     It  shall  be  the  duty  of  the  said  board  of 

company  con-        public  works  to  deliver  to  the  comptroller  of  said  city, 
*'***^*^  with  each  contract  to  be  countersigned  by  him,  as  ac- 

curate an  estimate  as  can  be  made  of  the  aggregate 
contract  price  of  the  work,  to  be  let  by  such  contract;  and 
it  shall  be  the  duty  of  the  comptroller  to  keep  a  record 
of  such  estimates  applicable  to  each  fund,  and  to  refuse 
to  countersign  any  contract  the  amount  of  which  shall 
exceed  the  balance  of  the  fund  to  which  such  contract 
may  be  chargeable. 

All  work  to  be  let       Section  16.     All  work  and  the  purchase  of  supplies  or 

by  contract  material,  chargeable  to  any  ward  fund,    or  to  any  city 

fund,  including  incidental  printing,  when  the  cost  thereof 

Exception.  ^^^^^  exceed  the  sum  of  two   hundred   dollars,   except 

street  cleaning,  shall  be  let  by  contract,  to  the  lowest 
bidder  in  the  manner  provided  by  sections  10,  11  and  13 
of  this  chapter;  and  no  indebtedness  shall  be  incurred  in 
excess  of  the  amount  herein  limited  without  a  formal 
contract,  let  to  the  lowest  bidder  and  all  work  done  or 
supplies  and  material  purchased,  exceeding  in  cost,  two 
hundred  dollars,  shall  be  done  and  purchased,  when 
practicable,  by  said  board,  by  contract,  which  shall  be  let 
after  due  notice,  inviting  proposals,  in  the  manner _  pro- 
vided for  the  letting  of  contracts  for  the  doing  of  public 
work.  All  accounts  for  such  work,  or  for  the  furnishing 
of  such  materials  shall,  before  being  allowed  by  the 
common  council,  be  audited  by  the  comptroller,  and  all 
such  accounts  for  work  done  or  materials  furnished, 
under  the  supervision  of  the  Board  of  Public  Works,  shall 
be  certified  by  them  before  being  audited. 

As  amended  by  Section   16,    Chapter  324,   Laws  of  1882,  and 
further  amended  by  Chapter  437,  Laws  of  1891. 


71  MILWAUKEE  CITY  CHARTER.  CHAP. 

5 

Section  17.  Whenever  the  lowest  bidder  for  inci-  when  lowest  bid- 
dental  city  printing  for  the  said  city  shall  appear  to  the  ^^^  incompetent, 
comptroller  of  the  said  city  and  the  committee  of  the 
common  council  on  printing,  to  be  incompetent  or  other- 
wise unreliable  for  doing  the  same,  the  said  comptroller 
and  committee  shall  report  to  the  common  council  of 
said  city  a  schedule  of  all  the  bids  for  such  printing, 
together  with  their  objections  to  accepting  the  bid  of  the 
lowest  bidder  therefor,  and  thereupon  the  common  council 
shall  have  power  either  to  order  such  printing  to  be  let 
to  the  next  lowest  bidder  who  shall  appear  to  be  com- 
petent and  reliable,  or  to  order  such  printing  to  be  re-let. 

Section  18.  Whenever  the  board  of  public  works  Board  of  public 
shall  deem  it  for  the  interest  of  the  city,  or  whenever  in  works  to  make 
the  prosecution  of  any  public  work,  said  board  shall  be 
of  the  opinion  that  the  proposed  work  can  be  better  and 
more  cheaply  done  without  the  intervention  of  a  formal 
contract  or  whenever  the  board  of  public  works  shall  deem 
it  advisable,  to  purchase  horses  or  horse  feed  for  the 
fire  or  police  departments  without  the  intervention  of 
a  formal  contract,  they  shall  report  the  same  to  the 
common  council  with  their  reasons  therefor,  and  the  com- 
mon council  may,  by  resolution,  authorize  the  said  board 
to  procure  the  necessary  materials  therefor  and  to  employ 
workmen  to  do  such  work  and  to  purchase  such 
horses  or  horse  feed;  provided,  that  such  authority  shall 
not  be  given  unless  approved  by  the  votes  of  at  least 
three-fourths  of  all  the  members  elect  of  the  common 
council,  and  in  case  of  ward  work,  of  two  aldermen 
of  the  ward;  and  further  provided,  that  such  authority 
shall  not  be  exercised  unless  the  comptroller  shall,  as 
provided  in  section  19,  of  this  chapter,  advise  the  board 
that  there  are  sufficient  funds  available  for  such  proposed 
work  or  purchases.  Such  resolutions  which  appropriate 
money  for  the  purchase  of  horses  or  horse  feed  for  the 
fire  or  police  departments  shall  be  duly  referred  as 
provided  by  section  5,  of  chapter  4,  of  the  charter  of  the 
city  of  Milwaukee  as  amended,  and  in  case  such  resolu- 
tions shall  thereafter  be  duly  passed  by  the  vote  afore- 
said, by  the  common  council  and  take  effect,  the  money 
so  appropriated  may,  upon  itemized  statements  duly 
audited  by  the  board  of  public  works  and  city  comp- 
troller, be  drawn  out  of  the  city  treasury  upon  the  order 


CHAP. 

5 


MILWAUKEE   CITY   CHARTER. 


72 


Shall  deliver  comp- 
troller 
merit 


of  the    mayor    and    clerk,    countersigned    by    the  city 
comptroller. 

Amended  by  Section  17,  Chapter  324,  Laws  of  1882,  and  further 
amended  by  Chapter  23,  Laws  of  ]887. 

Section  19.  It  shall  be  the  duty  of  the  said  board  of 
public  works,  before  causing  such  work  to  be  done,  to 
deliver  to  the  comptroller  a  statement  in  writing  of  the 
work  authorized  and  proposed  to  be  done  as  provided  in 
the  next  preceding  section,  showing  the  nature  and 
estimated  cost  thereof,  and  the  fund  to  which  the  same  is 
chargeable;  and  it  shall  be  the  duty  of  the  comptroller 
to  enter  such  statement  in  the  record  mentioned  in  sec- 
tion fifteen  of  this  chapter;  and  in  case  the  comptroller 
shall  be  satisfied  that  the  cost  of  such  proposed  work  will 
exceed  the  amount  available  for  the  purpose  of  the  fund 
out  of  which  the  same  is  to  be  paid,  it  shall  be  his  duty 
to  so  advise  the  board  of  public  works,  and  the  resolution 
of  the  common  council,  passed  as  in  the  last  preceding 
section,  shall  be  inoperative. 

As  amended  by  Section  16,  Chapter  324,  Laws  of  1882. 


Shall  determine 
performance  of 
contract 


Section  20.  The  said  board  shall  reserve  in  every 
contract  the  right  to  determine  finally  all  performance  of 
such  contract,  or  doing  of  the  work  specified  therein; 
and  the  right,  in  case  of  the  improper  or  imperfect  per- 
formance thereof,  to  suspend  such  work  at  any  time,  or 
to  order  the  entire  reconstruction  of  the  same,  if 
improperly  done,  or  to  re-let  the  same  to  some  other 
competent  party;  and  also  the  right,  in  case  such  work 
shall  not  be  prosecuted  with  such  diligence,  and  with  such 
number  of  men  as  to 'insure  its  completion  within  the 
time  limited  by  the  contract,  to  suspend  such  work  and 
re-let  the  same  to  some  other  competent  party  or  employ 
men  and  secure  material  for  the  completion  of  the  same, 
and  charge  the  cost  thereof  to  the  contractor.  And 
power  is  hereby  given  to  the  said  board  to  adjust  and 
determine  all  questions  as  to  the  amount  earned  under 
any  contract  by  the  contractor  or  contractors  according  to 
the  true  intent  and  meaning  of  the  contract;  and  such 
adjustment  and  determination  by  said  board  shall  be  final 
between  the  parties  and  binding  upon  them.  If  the 
amount  of  damages  to  be  paid  to  the  city  shall  exceed 
the  amount  due  from  the  city  to  such  contractor  or  con- 


73  MILWAUKEE   CITY   CHARTER.  CHAP. 

5 

tractors,  according  to  such  determination  and  adjustment, 
then  the  difference  or  balance  in  favor  of  the  city, 
according  to  such  determination  and  adjustment,  shall  be 
recoverable  at  law  in  an  action  in  the  name  of  the  city 
against  such  contractor  or  contractors  and  their  sureties, 
in  any  court  having  jurisdiction.  Every  contract  with 
the  city  shall  be  made  expressly  subject  to  the  powers 
given  to  said  board  by  this  section,  and  shall  also  contain 
a  covenant  or  agreement  on  the  part  of  the  contractor 
and  his  sureties,  that  in  case  such  contractor  shall  fail  to 
fully  and  completely  perform  his  contract  within  the  time 
therein  limited  for  the  performance  thereof,  such  con- 
tractor shall  pay  to  the  city  of  Milwaukee  as  liquidated 
damages  for  such  default,  a  certain  fixed  sum  to  be  named 
in  the  contract,  which  shall  not  in  any  case  be  less  than 
ten  per  cent,  nor  more  than  twenty-five  per  cent,  of  the 
aggregate  cost  of  the  work  embraced  in  such  contract 
or  shall  in  lieu  of  such  covenant  or  agreement  contain 
a  covenant  or  agreement  on  the  part  of  the  contractor 
and  his  sureties,  that  in  case  such  contractor  shall  fail  to 
fully  and  completely  perform  his  contract  within  the  time 
therein  limited  for  the  performance  thereof,  such  con- 
tractor shall  pay  to  the  city  of  Milwaukee  as  liquidated 
damages  for  such  default,  a  certain  and  definite  sum  for 
each  day's  delay  in  completing  the  contract  after  the  time 
therein  limited  for  its  completion,  which  daily  sum  shall 
be  determined  and  fixed  by  the  board  of  public  works 
before  the  contract  for  the  work  shall  be  let,  and  shall  be 
stated  in  the  advertisement  for  proposals  for  the  work, 
and  shall  be  inserted  in  the  contract,  and  shall  in  no  case 
be  less  than  one-half  of  one  per  cent,  of  the  aggregate 
cost  of  the  work  embraced  in  such  contract. 

As  amended  by  Chapter  324,  of  the  I^aws  of  1882.  and  further 
amended  by  Section  3,  Chapter  388,  Laws  of  1889. 

A  provision  in  the  contract  that  the  board  of  public  works  shall 
adjudicate  the  amount  earned  by  the  contractor,  does  not  necessi- 
tate an  adjudication  by  it  as  to  his  damages  caused  by  a  breach  of 
the  contract  by  the  city. 

Markey  vs.  Milwaukee,  76  Wis.,  349. 

The  provision  of  the  charter  making  the  board  of  public  works 
the  arbiter  to  adjust  and  determine  all  questions  as  to  the  amounts 
earned  under  contracts  with  the  city,  and  providing  that  such 
determination  shall  be  final  and  binding  on  the  parties,  is  valid, 
and  an  award  made  upon  a  contract  which  by  its  terms  is  subject 


CHAP.  MILWAUKEE   CITY   CHARTER.  74 

5 

to  such  provisions,  cannot  be  set  aside  except  for  fraud,  miscon- 
duct or  mistake. 

Forristal  vs.  Milwaukee,  57  Wis.,  628. 

Under  a  somewhat  similar  form  of  contract,  the  court  held  that 
its  meaning  was  to  provide  for  arbitration;  and  none  being  had, 
the  question  of  the  value  of  the  work  and  materials  furnished 
should  have  been  submitted  to  the  jury. 

Hasbrouck  vs.  Milwaukee,  17  Wis.,  274. 


Board  may  pay  on 


Section  21.     In  all  cases  wherein  the  contractor  or 
estimates.  contractors  shall  proceed  properly  and  with  diligence  to 

perform  and  complete  his  or  their  contract,  the  said  board 
may,  in  its  discretion,  from  time  to  time,  as  the  work 
progresses,  grant  to  him  or  them  an  estimate  of  the 
amount  already  earned — reserving  fifteen  per  cent,  thereon 
— which  shall  entitle  the  holder  to  the  amount  du^  thereon 
when  the  amount  applicable  to  the  payment  of  such  work 
shall  have  been  collected,  and  the  condition,  if  any, 
annexed  to  such  estimate,  shall  have  been  complied  with; 
provided,  that  the  said  board  shall  have  no  authority  to 
grant  any  such  estimate  to  any  contractor  when  in  default; 
and  that  no  estimate  shall  be  granted  by  the  said  board 
to  any  contractor  for  any  material  which  has  not  actually 
been  put  in  the  work  embraced  in  his  contract.  And 
power  is  hereby  given  to  the  said  board  to  extend  or 
enlarge  the  time  limited  by  the  terms  of  the  contract  for 
the  performance  thereof.  Any  person  entering  into  any 
contract  with  the  city,  and  who  agrees  to  be  paid  from 
Special  assess-  special  assessments  shall  have  no  claim  upon  the  city  in 
fnent  any    event,    except   from    the   collection   of   the   special 

assessments  made  for  the  work  contracted  for;  and  no 
work  proper  to  be  paid  for  by  special  assessments  shall  be 
let,  except  to  a  contractor  who  shall  so  agree. 

As  amended  by  Section  4,  Chapter  388,  Laws  of  1889. 

Where  a  charter  provision  requires  work  to  be  done  at  the 
expense  of  abutting  property,  the  city  will  not  be  liable  for  the 
work  ordered  and  contracted  to  be  done  at  the  expense  of  such 
property,  although  the  authorities  did  not  take  the  necessary  steps 
to  charge  such  property. 

Hall  vs.  Chippewa  Falls,  47  Wis.,  267. 
Owens  vs.  Milwaukee,  47  Wis.,  461. 

Contractors  receiving  certificates  which  are  to  be  paid  from 
special  assessments,  have  no  claim  upon  the  city  in  any  event  for 


75  MILWAUKEE   CITY   CHARTER.  CHAP. 

5 

the  work  by  them  performed,  "  except  from  the  collection  of  the 
special  assessments  made  for  doing  the  work  contracted  for. ' ' 

Hoyt  vs.  Fass,  64  Wis.,  273. 

See  Watkins  vs.  Milwaukee,  55  Wis. ,  335. 

Section  22.  In  case  the  prosecution  of  any  public  Defaulting  con- 
work  shall  be  suspended  by,  or  in  consequence  of  the  tractors. 
default  of  any  contractor,  it  shall  be  the  duty  of  the 
board  of  public  works  to  report  the  fact  immediately  to 
the  common  council,  with  a  statement  of  the  condition 
of  the  work,  and  an  estimate  of  the  probable  cost  of 
completing  the  same  in  the  manner  required  by  the 
contract. 

Section  23.     The    said    board     shall     have     power,    May  contract   for 
under  the  authority  of  the  common  council,   to  make  a     use  of  patented 
contract  or  contracts  with  the  patentee  or  his  licensees  or     ^"'^'®^- 
assigns,  to  use  any  patent   or  patented  article,  process, 
combination  or  work  for  the  said  city,  at  a  stipulated  sum 
or  royalty  for  the  use  thereof.     And  thereupon  the  said 
board   shall   have  power   to   order   any   work,    whether 
chargeable  to  the  said  city  or  to  lots,  parts  of  lots  or  par- 
cels of  land  therein,  to  be  done  with  the  use  of  such  patent 
or  patented   article,  process,  combination  or  work;  and 
whenever  the  owner  or  agent  of  any  lot,   part  of  lot  or  ^j         ^  natented 
parcel  of  land  in  said  city,   or  other  person  authorized     articles,  pay  city 
by  law  to  do  such  work,  shall  do  the  same  and  use  any     therefor. 
such  patent  or  patented  article,   process,   combination   or 
work  in  doing  the  same;  he  shall  pay  to  the  said  city  the 
sum  or  royalty  chargeable  therefor  by  such  patentee,  his 
licensees  or  assigns,  to  the  city  under  such  contract,  and 
shall  be  liable  to  suit   by   the  said  city  therefor;  or  the 
amount    of  such   sum  or  royalty  may  be  charged  as  a 
special    assessment   upon   the   respective   lots,    parts   of 
lots,  and  parcels  of  land  in  front  of  which  such  patent  was 
so  used,  and  collected  for  the  use  of  said  city,    as  other 
special   taxes   are   collected;   and   whenever   any   work, 
chargeable  by   special  assessment  to  any  lots,   parts   of 
lots,  or  parcels  of  land,  shall  be  done  with  the  use  of  such     charged  as 
patent  or  patented  article,  process,  combination  or  work,     special  assess- 
thesum  or  royalty  chargeable  therefor  by  such  patentee,     apj  lands, 
his   licensee,  or    assigns,  under  such    contract   shall  be 
charged  against  such  lots,  parts  of  lots  or  parcels  of  land, 
for   the   use   of  said   city,   in    such   special   assessment, 
in  addition  to  the  other  cost  of  doing  the  work,  and  shall 


«HAP.  MILWAUKEE  CITY  CHARTER.  76 

5 

be    included   in   a   separate   certificate   of  such    special 
assessment. 

Patented  article.     See  Dean  vs.  Charlton,  23  Wis. ,  590. 

Separate  certifi-  Section  24.     Whenever  the  said  board  of  public  works 

cate  for  patented  gj^^U  have  let,  or  shall  hereafter  let  any  contract  or  any 

articles,  or  royalty 

— when  made,and  work  chargeable  to  lots  or  land  in  the  said  city,  to  be 

effect  thereof.  done  with  the  use  of  any  patent  or  patented  article,  in 
pursuance  of  the  preceding  section,  and  have  omitted, 
or  shall  omit  at  the  time  of  making  the  assessment  for 
such  work  against  property  chargeable  therewith,  to 
make  any  assessment,  or  issue  a  "separate  certificate" 
against  such  property  for  the  sum  or  royalty  chargeable 
for  the  use  of  such  patent  or  patented  article,  in  pur- 
suance of  the  provisions  of  the  section  last  mentioned, 
the  said  board  of  public  works  shall  have  power,  and  it 
shall  be  their  duty  to  make  such  assessment  for  the  sum 
or  royalty  chargeable  for  the  use  of  such  patent  or  pat- 
tented  article,  as  soon  as  may  be  thereafter,  and  to 
include  the  same  in  a  separate  certificate  lor  such  special 
assessment  for  the  use  of  the  said  city;  and  such  assess- 
ment and  certificate  shall  be  as  binding,  and  have  the 
same  effect  when  so  subsequently  made,  as  if  the  same 
had  been  made  at  the  same  time,  as  the  assessment  for 
the  contract  price  of  doing  such  work. 

The  scope  and  purpose  of  the  entire  chapter  relating  to  the 
board  of  public  works  is  to  regulate  and  define  the  powers  and 
duties  of  the  board,  placing  them,  however,  substantially  under 
and  subject  to  the  ordinances,  direction  and  control  of  the  com- 
mon council,  especially  in  the  matter  of  commencing  new  lines 
of  work  and  new  lines  of  expenditure. 

Oilman  vs.  Milwaukee,  61  Wis.,  588. 

Koch  vs.  Milwaukee,  89  Wis.,  220. 

The  provision  contained  in  the  charter  of  1852,  by  which  the 
street   commissioners    were    authorized    to    require    owners     to 
cleanse  and  repair  streets  and  alleys,  and  to  charge  the  expense 
thereof  to  the  respective  lots  in  case  they  fail  to  do  so,  is  valid. 
Cramer  vs.  Stone,  33  Wis.,  212. 


CHAPTER  VI. 

TAKING   PROPERTY   FOR    STREETS    AND    OTHER 
PURPOSES. 

Section  1.     The    common    council    shall    have    the 
power  to  lay  out  public  squares,  grounds,   streets  and 


77 


MILWAUKEE   CITY   CHARTER. 


alleys,  and  to  extend,  enlarge  and  widen  or  vacate  the 
same  as  follows:  any  ten  or  more  free  holders  residing  in 
any  ward  may,  by  petition  represent  to  the  common 
council  that  it  is  necessary  to  take  certain  lands  within 
the  ward  where  such  petitioners  reside  for  public  use, 
for  the  purpose  of  laying  out,  extending,  enlarging  or 
widening  a  public  square,  ground,  street  or  alley,  setting 
forth  in  such  petition  the  courses,  distances,  metes  and 
bounds  of  the  lands  proposed  to  be  taken,  together  with 
the  names  and  residences  of  the  owners  and  occupants  of 
such  premises,  so  far  as  the  same  shall  be  known  to  the 
petitioners,  and  praying  that  such  lands  may  be  taken 
for  such  purpose  according  to  law.  Every  person  sign- 
ing such  petition,  shall  write  after  his  signature,  a  brief 
description  of  his  real  estate  which  makes  him  such  free- 
holder or  of  some  part  thereof,  and  of  the  place  of  his 
residence  in  the  city,  and  shall  make  and  annex  to  such 
petition  his  affidavit  that  he  is  a  resident  and  freeholder 
in  said  ward,  and  that  the  names  and  residences  of  the 
owners  of  the  lands  proposed  to  be  taken,  so  far  as  they 
are  known  to  him  are  correctly  set  forth  in  such  petition, 
and  such  signer  making  such  affidavit  shall  thereupon  be 
taken  to  be  such  resident  and  freeholder,  and  the  names 
and  residences  of  the  owners  of  the  lands  proposed  to 
be  taken  shall  be  deemed  to  be  correctly  stated  in  such 
petition,  so  far  as  the  names  and  residences  of  such 
owners,  are  known,  and  such  petition  shall  be  valid 
and  effectual  although  it  may  afterward  appear  that  such 
signers  or  some  of  them,  were  not  such  residents  and 
freeholders,  or  that  the  names  and  residences  of  the 
owners  and  occupants  of  the  lands  proposed  to  be  taken 
were  not  correctly  stated  in  such  petition,  so  far  as  known, 
or  both.  Persons  in  actual  possession  of  real  estate, 
under  valid  contracts  for  the  purchase  thereof,  shall  be 
deemed  to  be  freeholders  within  the  meaning  and  for 
the  purposes  of  this  section. 

As  amended  by  Section  23,  Chapter  144,  Laws  of  1875,  further 
amended  by  Section  1,  Chapter  227,  Laws  of  1879,  and  Section  1, 
Chapter  524,  1887. 

The  proceedings  for  determining  the  value  and  estimating 
benefits  and  damages,  where  land  is  to  be  taken  for  the  public  use, 
are  entirely  distinct  from  those  to  improve  streets  or  highways 
after  they  have  been  laid  out  and  established. 

Holton  vs.  Milwaukee,  31  Wis.,  27. 


CHAP. 

6 

Common  council 
may  lay  out  pub- 
lic squares, 
grounds,   streets, 
etc.,— petition 
may  be  presented 
for  condemnation 
of  lands  for  public 
use — what  to 
contain. 


CHAP.  MILWAUKEE   CITY   CHARTER.  78 

6 

Common  council  SECTION  2.     Whenever  the  said  common  council  with 

may  open  public  the  concurence  of  three-fourths  of  the  members  elected 
tSand?or^pub'^  thereto  shall  declare  by  their  resolution  that  it  is  neces- 
lic  purpose—  sary  for  the  public  interest  to  open  a  public  street  or 
^*'®""  alley,  or  to  take  land  for  any  public  purpose   authorized 

by  this  ai:t,  the  said  common  council  shall  have  power 
to  open  such  public  street  or  alley,  or  to  take  land  for  such 
public  purpo.se,  as  the  case  may  be,  without  any  petition 
therefor,  and  to  proceed  thereafter  in  that  behalf,  as  in 
cases  of  petition  therefor  duly  made;  provided,  that 
in  cases  of  streets  and  alleys  such  resolution  shall  also  be 
approved  by  both  of  the  aldermen  of  the  ward  in  which 
the  land  proposed  to  be  taken  may  be  situated.  The 
resolution  provided  for  in  this  section  shall  declare  why 
it  is  necessary  for  the  public  interest  so  to  proceed;  and 
no  such  resolution  shall  be  passed  by  the  common  council 
at  the  same  meeting  in  which  it  is  first  considered, 
but  the  same  shall  lie  over  to  a  future  meeting  thereof. 
And  the  yeas  and  nays  on  the  passage  of  such  resolution 
shall  be  taken  and  duly  entered  in  the  journal  of  proceed- 
ings of  the  council. 

As  amended  by  Section  24,  Chapter  144,  Laws  of  1875,  further 
amended  by  Section  2,  Chapter  227,  Laws  of  1879,  and  Section 
2,  Chapter  524,  Laws  1887. 

May  direct  survey  SECTION  3.  The  common  council  shall  thereupon,  by 
and  plat  to  be  resolution,  direct  the  city  engineer  to  make  and  file  with 
made  and  filed—  ^-^^  ^-^y  clerk  an  accurate  survey  and  plat  of  the  proposed 
tion  to  be  given  change  or  improvement  and  of  the  lands  proposed  to  be 

to  owners  of         taken  therefor,  defining  separately  each  parcel  and  indi- 

lands,  how— jury         .  i      i   ^  ?i       i        ^-  r  • 

to  be  selected  to  catmg  upon  such  plat  the  location  of  any  improvements 

•view  premises  upon  said  premises,  and  said  city  clerk  shall  return 
damages^pro-  ^^^^  P^^^  ^^^  survey  to  the  common  council.  The  com- 
ceedmgs  thereon,  mon  council  shall  thereupon  direct  the  city  clerk  to 
cause  notice  of  such  application  or  resolution  to  be 
given  to  owners  and  occupants  of  the  lands  proposed 
to  be  taken,  which  notice  shall  contain  a  description  of 
the  lands  proposed  to  be  taken,  and  shall  state  that  at  a 
certain  time  and  place  therein  named,  which  time  shall 
not  be  less  than  four  weeks  after  the  first  publication 
thereof,  application  will  be  made  to  the  circuit  or  superior 
court  of  Milwaukee  county  or  to  the  judge  of  either 
of  said  courts  for  the  selection  of  a  jury  to  view  said 
premises  and  to  determine  whether  or  not  it  is  necessary 
to  take  said  premises  for  the  purposes  specified  in  said 


79  MILWAUKEE   CITY   CHARTER.  CHAP. 

6 

petition  or  resolution.     Such   notice  shall  be  published 
in  the  official  papers  of  said  city  for  four  weeks,   at  least 
once  in  each  week,  prior  to  the  time  therein  fixed  for  the 
appointment    of   jurors,    and    shall  be   served   at   least 
twenty   days   prior   to   the   time   therein   fixed    for   the 
appointment   of  jurors,    upon  each  of  the   owners   and   Personal  service  of 
occupants  of  the  land  proposed  to  be  taken,   residing  in     notice  on  owner 
the  city  of  Milwaukee  and  known  as  it  shall  appear  by     ^^  occupant. 
the  petition   or   resolution,   personally  by  delivering  to 
and  leaving  with  him  a  copy  of  such  notice  if  he  can  be 
found  in   the  city  of  Milwaukee,   and  if  he  cannot  be 
found  in  said  city,  then  by  leaving  a  copy  of  such  notice 
at  his  usual  place  of   abode  with  some  member  of  his 
family  of  suitable  age  and  discretion,  or  if  such  place  of 
abode  shall  be  closed,  or  no  person  of  suitable  age  and 
discretion  found  there,  then  by  posting  a  copy  of  said 
notice  on  the  principal  outer  door  of  such  place  of  abode. 
Such  service  shall  be  made  by  the  chief  of  police  or  some  service  of  notice 
police  officer  of  said  city,  who  shall  make  return  under     may  be  made  by 
oath,  in  writing,   of  the    facts    of   such    service,  which    "P**''^®  officer, 
return  shall  have  the  same  effect  as  a  sheriff's  return  of 
the  service  of  a  summons  in  a  civil  action.     As  to  un- 
known owners  of  such  land  proposed  to  be  taken,  and 
owners,  not  residing  in  the  city  of  Milwaukee,  such  pub- 
lication in  the  official  paper  shall  be  a  sufficient  service 
of  such  notice  upon  them.     At  the  time  and  place  fixed 
for  such  hearing  and   upon    the    presentation    of  such 
application  or  of  such  resolution  and  upon  proof  of  the 
publication     and     service     of    the    notice    hereinbefore 
required,  the  said  court  or  the  judge  thereof,  shall  there- 
upon make  a  list  of  twenty-four  reputable   freeholders,   j^^.^^  ^^^ 
residents  of  the  city  of  Milwaukee,  but  not  residents  of    obtained. 
the  ward  in  which  the    premises  proposed  to  be  taken 
may  be  situated,  and  not  interested  in  the  result  of  such 
taking.     The  said  court  or  j  udge  shall  thereupon  hear  and 
decide  any  challenge  for  cause  or  favor  made,  as  to  any 
of  said  freeholders    and    if  sustained   shall  replace  the 
name  with  an  unobjectionable  juror,  until  the  list  shall  be 
perfected.     Thereupon  under  the  direction  of  such  court 
or  judge,  each  party,  the  city  of  Milwaukee  by  its  repre- 
sentatives  constituting    one    party,  and  the    owners   of 
land  or  their  agents  present,  or  if   none    be   present  or 
they  disagree,   a  disinterested  person  appointed  by  the 
court  or  judge,  constituting  the  other  party,  shall  chal- 


CHAP.  MILWAUKEE  CITY  CHARTER.  80 

6 

lenge  six  names,   one   at   a   time    alternately,    the   city 

Jurors  how  beginning.  To  the  twelve  jurors  remaining  such  court  or 

summoned.  judge  shall  issue  a  precept  requiring  them  at  an  hour 

and  day  named,  not  more  than  fifteen  nor  less  than  three 
days  thereafter,  to  appear  before  him  to  be  sworn  and 
serve  as  a  jury  to  view  lands,  and  at  the  same  time  shall 
publicly  adjourn  the  proceedings  to  the  time  and  place 
so  named;  such  precept  shall  be  served  by  the  chief  of 
police  or  any  police  ofl&cer  of  the  city  of  Milwaukee  at 
least  one  day  before  such  appointed  time,  by  reading 
the  same  to  each  such  juror,  or  by  leaving  a  copy  of 
such  precept  at  his  usual  place  of  abode  in  said  city,  in 
the  presence  of  a  member  of  his  family.  The  jurors 
summoned  shall  appear  at  the  time  and  place  named, 
and   if   any  be  excused  by   the  court  or   judge,   or  fail 

Adjournment  for      ^^  attend,  he  shall  publicly  adjourn  the  proceedings  to 
absence  of  juror,   some  time  and  place  and  name  other  disinterested  free- 
holders, not  residents  of  the  ward  in  which  the  premises 
proposed   to   be   taken  or  vacated  are  situated,  in  their 
'*"     stead  to  be  forthwith  in  like  manner  summoned,   and  to 
appear  at  the  time  and  place  fixed  by  said  adjournment 

Jurorsto  be  sworn,  until  twelve  j urors  shall  be  obtained.  The  said  jurors 
shall  thereupon,  before  they  proceed  to  view  the  premises 
proposed  to  be  taken  or  vacated,  severally  take  and 
subscribe  an  oath  or  afiirmation  before  the  court  or  judge, 
to  the  effect  that  they  will  faithfully  and  honestly  dis- 
charge the  duties  imposed  upon  them,  and  determine 
whether  or  not  it  is  necessary  to  take  or  to  vacate  the 
premises  in  question  for  the  public  use  designated  in  the 
application  or  resolution.  The  court  or  judge  shall 
then  issue  an  order  in  writing,  directed  to  said  jurors, 
requiring  them  within  thirty  days  from  the  date  thereof, 
to  view  said  premises,  to  be  specified  in  such  order,  and 
to  make  return  under  their  hand  to  the  common  council 
whether  or  not,  in  their  judgment,  it  is  necessary  to  take 
or  to  vacate  said  premises  for  the  purposes  specified  in  such 

Jurors  to  act  un-  application  or  resolution.  It  shall  be  the  duty  of  every 
less  excused;  person  appointed  as  such  juror  to  act,  unless  excused 
refusal. ^""^  for    reasonable   cause    by    the    court    or   judge    thereof 

appointing  him,  and  every  person  duly  summoned  or 
notified  to  act  as  required  by  this  chapter,  who  shall, 
without  being  so  excused,  neglect  or  refuse  to  perform 
his  duty  as  such  juror  shall  be  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  fined  not  less  than 


81  MILWAUKEE   CITY   CHARTER.  CHAP. 

6 

twenty  nor  more  than  one  hundred  dollars;  and  it  shall 
be  the  duty  of  the  city  attorney  to  prosecute  any  person 
so  offending. 

As   amended   by   Section  3,   Chapter  227,    Laws   of  1879,    and 
further  amended  by  Section  3,  Chapter  524,  Laws  of  1887. 

It  is  absolutely  essential  to  the  validity  of  the  proceeding  that 
the  jury  should  act  under  the  solemnity  of  an  oath. 
Lumsden  vs.  Milwaukee,  8  Wis.,  239. 


Section  4.     The   said  jurors   when   so   selected    and  «.^    ^ 

1     11  J-   .  1  J  •  11.         .         ,       City  attorney  to 

sworn,  shall  immediately  proceed  in  a  body  to   view  the     prepare  notice. 

premises  proposed  to  be  taken    or   to    be   vacated,    and 

the  city  engineer  or  his  deputy  shall  upon    the    request 

of  the  city    attorney,    proceed    with    said    jury    to   said 

premises  and  point  out  to  said  jurors  the  several  places 

where  the  lines  of  the  proposed  improvement  are  located 

according  to  the  survey  hereinbefore  directed  to  be  made. 

The  city  attorney  shall  thereupon  prepare  a  notice  in  the 

following  or  some  equivalent  form: 

In  the  matter  of  the  application  for  the  (opening,  exten-    p         . 

sion,  enlarging  or  widening,  as  the  case  may  be)  of , 

in  the ward  of  the  city  of  Milwaukee. 

Notice  is  hereby  given  that  the  jurors  lately  appointed 
and  summoned  in  the  above  matter,  to  pass  upon  the 
question  of  the  necessity  of  taking  the  lands  described 
in    said   application    for   the   purposes    therein    prayed, 

have  viewed  said  lands,  and  will  meet  at on  the 

day  of ,    A.    D.  ,    at   which  time  and 

place  all  persons  having  any  interest  in  the  lands  pro- 
posed to  betaken  may  be  heard  before  such  jurors,  and 
all  evidence  proposed  to  be  taken  may  be  heard  before 
such  jurors,  and  all  evidence  produced  before  them 
upon  said  question  will  be  considered. 

Dated  at  Milwaukee,  the day  of ,  A.   D. 


City  Attorney. 

Such  notice  shall  be  published  once  in  the  official  n^^^igg  ^^  ^^  p^jj. 
papers  of  the  city  and  shall  be  served  upon  the  owners  Ijshed  and  served, 
and  occupants  of  the  lands  proposed  to  be  taken,  and 
known,  the  same  as  the  notice  provided  for  in  Section  3 
of  this  chapter,  and  shall  be  returned  in  like  manner  as 
said  notice  is  therein  required  to  be  returned,  all  of 
which  shall  be  done  prior  to  the  day  fixed  in  said  notice 
for   the  meeting   of  the  jurors,  and  publication  of  said 


CHAP.  MILWAUKEE   CITY   CHARTER.  82 

6 

notice  shall  be  sufficient  service  thereof  upon  owners  of 
lands  proposed  to  be  taken,  not  known,  or  not  residing 
in  the  city  of  Milwaukee.  At  the  time  and  place  desig- 
nated in  said  notice  for  that  purpose,  the  said  jurors 
shall  meet  and  shall  hear  all  persons  interested  in  the 
lands  proposed  to  be  taken,  and  shall  hear  all  evidence 
that  shall  be  produced  before  them  upon  the  subject  of 
the  necessity  of  taking  the  land  described  in  the  order 
for  the  purpose  therein  stated,  and  ma}^  at  the  instance 
of  any  one  or  more  of  their  number,  summon  and  examine 
witnesses  upon  the  same  question,  and  for  that  purpose 

Jurors  may  issue  either  of  said  jurors  may  issue  a  subpoena,  and 
subpoena;  may  either  of  the  jurors  or  the  city  attorney  may  administer 
fo  dav"  ""^"^  ^^^  proper  oath  to  any  witness  produced  before  said  jury. 
Said  jurors  may,  if  necessary,  adjourn  such  hearing  from 
day  to  day.  If  any  such  jurors  shall  be  absent  at  the 
time  set  for  such  hearing,  and  for  one  hour  there- 
after, the  jurors  present  shall  have  power  to  publicly 
adjourn  their  proceedings  to  the  same  place,  for  a  period 
not  exceeding  twenty-four  hours,  and  the  city  attorney 
shall  report  the  names  of  such  absent  jurors  to  the 
chief  of  police  or  to  any  of  the  police  officers  of  the  city, 
together  with  the  place  and  hour  to  which  such  jury  has 
adjourned,  and  the  said  chief  of  police  or  police  officer 
shall  thereupon  notify  such  absent  juror  or  jurors  of  such 
adjournment  and  direct  them  to  be  present  at  the  time 
and  place  fixed  by  such  adjournment.  It  shall  not  be 
necessary  for  said  jurors  to  reduce  the  evidence  pro- 
duced before  them  to  writing,  nor  to  return  the  same 
with  their  report.  Said  jurors  shall  make  a  report  of 
their  proceedings  to  the  common  council  within  the 
time  limited  in  the  precept,  which  report  shall  be  signed 
by  them  respectively,  and  shall  state  whether  or  not,  in 
their  judgment,  it  is  necessary  to  take  the  premises  in 
question  for  the  public  use  proposed  in  the  petition  or 

Lands  condemned  resolution;  provided  further,  that  in  all  cases  where  lands 

without  petition—  shall  be  condemned  without  a  petition,  the  city  attorney 

city  attorney  shall   shall    prepare    a    list  of  the  owners    and    occupants    of 
prepare  list  of  ,         ,  r  ,  ,  i 

owners.  property  to  be  taken,  so  lar  as  the  same  are  known,  and 

shall  certify  the  same  to  be  correct,  to  the  best  of  his 

knowledge;  and  notice  of  the  selection  of  the  jury  and 

of  the  meeting  of  the  jury  shall  be  given,  as  in  the  case 

of   condemnation   proceedings    upon  petition;    provided 

further,    that    no    resolution  shall  be  passed  or  petition 


83  MILWAUKEE   CITY   CHARTER.  CHAP. 

6 

granted  in  any  case  for  the  condemnation  of  land  in 
said  city  without  the  affirmative  vote  of  both  the  alder- 
men of  the  ward  in  which  the  land  proposed  to  be  taken 
shall  be  situated. 

As  amended  by  Section  3,  Chapter  311,  Laws  of  1876,  further 
amended  by  Section  4,  Chapter  227,  Laws  of  1879,  and  Section  4, 
Chapter  524,  Laws  of  1887. 

Sections.  Should  the  jury  report  that  it  is  necessary  Council  to  confirm 
to  take  such  premises,  the  oommon  council  shall  enter  report  of  jury, 
an  order  among  its  proceedings  confirming  the  whole  of 
said  report  or  any  part  thereof;  and  the  common  council 
shall  direct  the  board  of  public  works,  within  one  month 
thereafter,  or  such  further  time  as  may  be  deemed 
proper,  to  view  such  premises  at  such  time  as  the  board 
may  agree  upon,  of  which  at  least  three  days'  notice 
shall  be  given  by  publication  in  the  official  papers,  for 
the  purpose  of  ascertaining  and  determining  the  amount 
of  damages  to  be  paid  to  the  owner  or  owners  of  the 
property  proposed  to  be  taken,  and  also  what  lands  or 
premises  will  be  benefited  by  such  taking,  and  to  make 
report  of  their  assessment  of  such  damages  and  bene- 
fits to  the  common  council.  Said  board  may  obtain  the 
testimony  of  witnessess  as  to  the  facts  in  the  case,  in 
the  same  manner  as  provided  in  section  4  of  this  chapter, 
and  shall  hear  such  testimony  as  may  be  offered  by  any 
party  interested,  which  testimony  shall  be  reduced  to 
writing  by  one  of  the  members  of  said  board  upon  the 
request  of  any  person  so  interested;  and  the  said  board 
shall  determine  and  assess  and  return  such  damages  and 
benefits  in  the  manner  hereinafter  directed.  In  case 
either  member  of  said  board  of  public  works  shall  be 
interested  in  the  premises,  or  in  any  property  affected  by 
such  proceedings,  it  shall  be  the  duty  of  the  common 
council  to  appoint  some  disinterested  person  to  act  in 
his  stead. 

As  amended  by  Section  5,  Chapter  524,  Laws  of  1887,  and  Sec- 
tion 1,  Chapter  290,  Laws  of  1889. 

Section  6.  V/henever  it  shall  have  been  determined  Qn  confirmation  of 
by  the  report  of  the  jury,  that  it  is  necessary  to  take  cer-  report  by  council, 
tain  lands  for  public  use,  for  the  purpose  of  laying  out  ^^^^  may"defer- 
public  squares,  grounds,  streets  or  alleys  or  of  enlarging  mine  how  cost  of 
or  widening  or  changing  the  same,  and  such  report  or  shallTe'" charge- 
any  part  thereof  shall  have  been  confirmed  by  the  com-  able. 


CHAP. 

6 


MILWAUKEE   CITY   CHARTER. 


84 


Board  of  public 
works  to  examine 
premises  and 
make  assess- 
ment. 


Value  of  buildings 
for  removal  to  be 
considered. 


mon  council  and  referred  to  the  board  of  public  works, 
the  said  board  of  public  works  shall  have  power  to  view 
the  premises  so  to  be  taken,  and  to  proceed  to  assess 
the  damages  to  the  land  proposed  to  be  taken  and  also 
to  assess,  against  the  lands  which  the  said  board  of  pub- 
lic works  may  deem  benefited  by  the  proposed  improve- 
ment, the  amount  which  it  shall  determine  such  property 
to  be  benefited  in  the  manner  hereinafter  provided. 
If  the  total  amount  of  damages  as  assessed,  exceeds  the 
total  amount  of  benefits  as  assessed,  the  excess  of  such 
damages  shall  be  chargeable  to  and  paid  out  of  the 
general  city  fund  and  the  ward  funds  of  the  wards  in 
which  the  lands  proposed  to  be  taken  are  situated,  in  equal 
proportions. 

As  amended  by  Section  6,  Chapter  524,  Laws  of  1887,  and  Sec- 
tion 2,  Chapter  290,  Laws  of  1889. 

Lots  situated  in  one  ward  may  be  assessed  for  the  special  bene- 
fits or  damages  accruing  thereto  from  the  condemnation  to  pubHc 
use  of  lands  in  another  ward. 

Oilman  vs.  Milwaukee,  55  Wis.,  328. 

Section  7.  The  board  of  public  works  within  the 
time  limited  by  the  common  council,  shall  view  and  ex- 
amine the  premises  proposed  to  be  taken,  and  all  such 
other  premises  as  will  in  their  judgment  be  injured  or 
benefited  thereby  and  after  hearing  such  testimony  as 
they  may  obtain  or  as  may  be  offered  by  any  party  in- 
terested, they  shall  proceed  to  make  their  assessment 
and  to  determine  and  appraise  the  value  of  the  real 
estate  so  proposed  to  be  taken,  and  the  injury  arising  to 
the  owners  thereof  respectively,  in  consequence  of  the 
taking  thereof,  taking  into  consideration  the  value  of  any 
building  situated  in  whole  or  in  part  thereon,  less  the 
value  to  the  owner  of  such  building  to  remove.  The 
amount  of  said  appraisal  of  real  estate  and  injury  to  real 
estate  and  buildings,  so  determined,  shall  be  awarded  to 
such  owners  respectively  as  damages,  after  making  due 
allowance  therefrom  for  any  benefit  which  such  owners 
may  respectively  derive  from  such  improvement. 

As  amended  by  Section  25,  Chapter  144,  Laws  of  1875,  and  fur- 
ther amended  by  Section  7,  Chapter  524,  Laws  of  1887. 


Section  8.  If  the  damages  to  any  person  be  greater 
than  the  benefits  received,  or  if  the  benefits  be  greater 
than  the  damages;  in  either  case  the  board  shall  strike 


85 


MILWAUKEE   CITY   CHARTER. 


a  balance,  and  carry  the  difference  forward  to  another 
column  so  that  the  assessment  will  show  what  amount  is 
to  be  received  or  paid  by  such  owner  or  owners  respec- 
tively, and  the  difference  only  shall  in  any  case  be 
collected  of  them  or  payable  to  them. 

As  amended  by  Section  8,  Chapter  524,  Laws  of  1887, 


CHAP. 

6 

Board   may  strike 
balance  as  to 
difference  be- 
tween benefits 
and  damages  to 
owner. 


Section  9.  Whenever  there  is  any  building  upon  the 
land  proposed  to  be  taken,  and  the  land  and  the  building 
belong  to  different  persons,  or  if  the  land  be  subject  to 
lease,  judgment,  mortgage  or  other  lien,  or  if  there  be  any 
estate  in  it  less  than  an  estate  in  fee,  the  injury  done  to 
such  persons  or  interest  respectively  may  be  awarded  to 
them  by  the  board,  less  the  benefits  resulting  to  them 
respectively  from  the  proposed  improvement. 

As  amended  by  Section  9,  Chapter  524,  Laws  of  1887. 


Same  where  there 
is  building  upon 
land. 


Section  10.  Having  ascertained  the  damages  and 
expenses  of  the  proposed  improvement  as  aforesaid,  the 
board  shall  thereupon  apportion  and  assess  the  same,  or 
such  portion  thereof  as  shall  have  been  determined  to  be 
chargeable  to  the  lots  and  lands  benefited  in  accordance 
with  the  provisions  of  section  6,  of  this  chapter,  together 
with  the  costs  of  the  proceedings  upon  the  real  estate  by 
them  deemed  benefited,  in  proportion  to  the  benefits 
resulting  thereto  from  the  proposed  improvement,  as 
nearly  as  may  be,  and  shall  describe  the  real  estate  upon 
which  their  assessments  may  be  made. 

As  amended  by  Section  10,  Chapter  524,  Laws  of  1887. 

See  Oilman  vs.  Milwaukee,  55  Wis.,  328. 


To  apportion  and 
assess    damages 
and  expense 
chargeable  to 
lots  or  lands  as 
provided  in  sec- 
tion 6. 


Section  11.  It  shall  be  the  duty  of  the  board  of  public 
works,  after  such  assessment  shall  be  made  and  before 
the  same  shall  be  reported  by  the  board  to  the  common 
council,  to  give  public  notice  of  not  less  than  six  days 
in  the  official  papers  of  the  city,  that  such  assessment 
has  been  made,  and  that  the  same  will  be  open  for  review 
and  correction  by  the  board  of  public  works,  at  the  ofiice 
of  the  board,  for  not  less  than  ten  days  after  the  first 
publication  of  such  notice,  during  certain  hours,  and  not 
less  than  two  hours  of  each  lay  day,  and  that  all  will  be 
heard  by  the  said  board  of  public  works  in  objection  to 
such  assessments,  and  generally  in  the  matter  of  such 


To  give  notice  of 
assessment  be- 
fore making  re- 
port to  council. 


CHAP.  MILWAUKEE   CITY   CHARTER.  86 

6 

review  and  correction.  It  shall  be  sufficient  to  state  in 
such  notice  in  brief  what  such  assessment  has  been  made 
for,  and  in  what  locality. 

As  amended  by  Section  11 ,  Chapter  524,  Laws  of  1887,  and  further 
amended  by  Chapter  224,  Laws  of  1889,  and  Chapter  312,  Laws 
of  1891. 

Way  review  SECTION  12.     During  the  time  specified  in  the  notice 

modify  and  cor-  mentioned  in  the  last  preceding  section,  it  shall  be  the 
rect  assessment  ^^^^  ^^  ^-^e  board  of  public  works  to  hear  all  persons 
interested  in  the  property  assessed,  or  otherwise  per- 
sonally interested  in  such  assessment,  in  making  objec- 
tion to  any  part  of  such  assessment,  and  to  hear  all 
evidence  which  may  be  produced  in  support  of  such 
objections;  and  the  board  shall  thereupon  have  power  to 
review,  modify  and  correct  such  assessment  in  such 
manner  as  they  shall  deem  just,  at  any  time  during  such 
review  and  for  three  days  thereafter,  and  thereupon,  it 
shall  be  the  duty  of  said  board  to  make  report  of  such 
assessment  in  writing  signed  by  them,  together  with  the 
testimony  taken,  to  the  common  council  within  the  time 
limited  by  said  council.  Should  the  time  originally 
limited  for  making  such  report  prove  insufficient,  the 
common  council  may,  in  their  discretion,  from  time  to 
time,  enlarge  or  extend  the  same. 

As  amended  by  Section  12,  Chapter  524,  Laws  of  1887. 

Assessments  to  b  SECTION  13.  The  assessments  so  reported  shall  be 
laid  before  com-  laid  before  the  common  council  when  in  session,  and 
mon  council.  tjie  fact  of  its   presentation    shall    be   entered    upon    the 

journal  and  mentioned  in  the  proceedings  of  such  ses- 
sion, with  a  statement  in  brief  for  what  purpose  and  in 
what  locality  such  assessment  has  been  made,  but  the 
common  council  shall  not  have  power  to  act  finally  upon 
such  report  until  at  least  one  week  from  the  date  of  the 
session  at  which  it  was  so  presented.  At  or  after  the 
expiration  of  such  period  of  one  week  last  mentioned,  the 
common  council  may,  in  its  discretion,  revise  and  correct 
the  assessment,  and  shall  confirm  the  same  as  corrected 
by  them,  or  without  correction,  or  refer  it  back  to  the 
said  board  for  revision  and  correction.  If  said  assessment 
shall  be  so  referred  back,  the  said  board  of  public  works 
shall  proceed  to  review,  correct  and  report  the  same  in 
like  manner  and  upon  like  notice  as  herein  required  in 
relation  to  the  first  assessment,  and  all  parties  interested 


87 


MILWAUKEE   CITY    CHARTER 


CHAP. 

6 


shall  have  the  like  rights,  and  the  board  of  public  works 
and  the  common  council  respectively,  shall  perform  like 
duties  and  have  like  powers  in  relation  to  any  such  sub- 
sequent assessment  as  are  hereby  given  in  relation  to  the 
first.  In  all  cases,  however,  the  excess  of  damages  over 
benefits  in  any  such  proceeding  shall  be  paid  out  of  the 
ward  and  general  city  funds  as  provided  in  section  6. 

As  amended  by  Section  13,  Chapter  524,  Laws  of  1887,  and 
further  amended  by  Section  3,  Chapter  290,  Laws  of  1S89. 

Section  14.  Any  person  or  persons  owning  or  having 
any  interest  in  any  property  affected  by  such  assessment, 
may  within  twenty  days  after  the  confirmation  of  such 
assessment  by  the  common  council,  appeal  therefrom  to 
the  circuit  court  of  Milwaukee  county,  by  filing  with  the 
clerk  of  said  circuit  court  his  notice  of  appeal,  setting 
forth  therein  his  interests  in  the  premises  and  the  grounds 
of  his  appeal,  together  with  a  bond  to  the  city  of  Mil- 
waukee in  the  penal  sum  of  five  hundred  dollars,  condi- 
tioned for  the  payment  of  all  costs  that  shall  be  adjudged 
against  him  on  such  appeal,  which  bond  shall  be  signed 
by  at  least  two  sufficient  sureties,  each  of  whom  shall 
make  affidavit  endorsed  upon  such  bond  that  he  is  worth 
five  hundred  dollars  over  and  above  all  his  debts,  in  prop- 
erty not  exempt  from  execution;  and  said  bond  and 
sureties,  if  objected  to  by  the  city  attorne}^  shall  also  be 
approved  by  the  judge  of  the  said  court.  Such  appeal 
shall  be  ineffectual  unless  the  appellant  shall  also,  within 
said  twenty  days,  serve  a  copy  of  his  notice  of  appeal 
and  bond  upon  the  city  attorney.  In  case  of  anj^  appeal 
under  the  provisions  of  this  section,  the  city  clerk  shall 
send  to  the  clerk  of  said  circuit  court  a  certified  copy  of 
the  assessment  of  damages  and  benefits  made  and  reported 
by  the  said  board  of  public  works,  as  confirmed  by  the 
common  council,  and  of  all  proceedings  of  the  common 
council  in  relation  thereto. 

The  appeal  shall  be  tried  as  ordinary  issues  of  facts 
are  tried  in  said  circuit  court;  the  form  of  the  isbue  shall 
be  subject  to  the  direction  of  the  court;  and  the  court 
shall  permit  any  person  or  persons  interested  in  such 
damages  or  benefits  to  become  parties  to  such  appeal, 
upon  their  petition  setting  forth  the  nature  and  extent  of 
such  interest.  If  on  such  trial  the  benefits  assessed  by 
the  said  board  of  public  works  shall  be  diminished,  or 
the  damages  so  assessed  shall  be  increased,  than  and  in 


Persons  owning 
or  having  interest 
in  property 
affected  by  as- 
sessment may 
appeal  to  circuit 
court  within 
twenty  days  after 
confirmation  by 
council. 


Appeal,  how  tried. 


CHAP.  MILWAUKEE  CITY  CHARTER.  88 

6 

either    case   the   appellant  shall  recover  costs    on    such 
appeal,    otherwise   the  city  shall  recover   costs.     When 
the  jury  shall,  by  their  verdict,   award  damages  to  the 
owner  of  any  lot  or  part  of  a  lot,  and  judgment  shall  have 
been  rendered  upon  such  verdict,  the  said  city  shall  pay 
Judgment  against     ^^^  amount  of  such  judgment,    and   the   costs,    if  any, 
ci^,  when  to  be  recovered  therewith,  or  make  provisions  for  the  payment 
P^'^'  thereof,  within  one  year  after  the  same  shall  have  been 

rendered;  provided,  that  in  case  of  an  appeal  from  such 
judgment  to  the  supreme  court,  the  time  of  the  pendency 
of  such  appeal  shall  not  form  any  part  of  such  year. 
And  in  case  the  appellant  shall  succeed,  the  difference 
between  the  amount  assessed  and  the  amount  finally 
adjudged  shall  be  chargeable  to  and  paid  out  of  the 
proper  ward  fund. 

Amended  by  Section  26,  Chapter  144,  Laws  of  1875,  and  further 
amended  by  Section  14,  Chapter  524,  Laws  of  1887. 

See  Van  Valkenburgh  vs.  Milwaukee.  30  Wis.,  338. 

A  cit}'  was  authorized  to  issue  bonds  to  pay  for  building  a  har- 
bor, and  to  raise  money  by  taxation  to  pay  principal  and  interest 
as  they  became  due.  It  failed  to  issue  bonds,  and  the  contractor 
obtained  a  money  judgment  for  the  amount  due  him.  Held^  that 
mandatnus  would  lie  to  compel  the  common  council  to  levy  and 
collect  a  tax  to  pay  such  judgment. 

State  ex  rel.  Hasbrouck  vs.  Milwaukee,  25  Wis.,  122. 

But  the  writ  must  state  the  exact  duty  required;  and  if  issued  in 
the  alternative,  requiring  defendant  to  pay  judgment,  or  issue 
bonds  to  pay  it  with,  or  to  levy  a  tax  for  its  payment,  the  writ  will 
be  quashed 

Ibid. 
Where  a  common  council  has  authority  to  levy  a  tax  to  pay  a 
judgment,  but  refuses  to  do  so,  mandamus  will  lie  to  compel  such 
levy. 

State  ex  rel.  Sherman  vs.  Common  Council,  20  Wis., 
92. 

Appeal  the  only  SECTION  15.     An  appeal  to  the  circuit  court  as  pro- 

remedy  for  dam-  vided  in  and  by  the  foregoing  section,  shall  be  the  only 
ages  sus  amed.  remedy  for  damages  sustained  by  the  acts  or  proceedings 
of  the  said  city  or  its  ofiicers  in  the  matter  to  which  such 
assessments  relate;  and  no  action  at  law  or  in  equity 
shall  be  had  or  maintained  for  such  injuries  or  on  account 
of  such  acts  and  proceedings. 

As  amended  by  Section  15,  Chapter  524,  Laws  of  1887. 
On  such  an  appeal,  the  city  is  entitled  to  show  a  dedication  of 
the  lands  to  public  use  by  acts  in  pais  of  any  owner  thereof. 
Emmons  vs.  Milwaukee,  32  Wis.,  434. 


39 


MILWAUKEE   CITY   CHARTER. 


Section  16.  Whenever  the  damages  awarded  to  the 
owner  by  the  report  of  the  board  of  public  works,  as  con- 
firmed by  the  common  council,  for  any  property  condemned 
by  said  city  for  public  use,  shall  have  been  paid  or 
tendered  to  such  owner  or  his  agent,  or  when  sufficient 
money  for  that  purpose  shall  be  provided  in  the  hands 
of  the  city  treasurer,  and  ready  to  be  paid  over  to  such 
owner,  and  ten  days'  notice  thereof  shall  have  been 
given  by  the  board  of  public  works,  in  the  official  papers, 
the  city  may  enter  upon  and  appropriate  such  property 
to  the  use  for  which  the  same  was  condemned;  and  the 
same  shall  thereafter  be  subject  to  all  the  laws  and 
ordinances  of  the  city,  to  the  same  extent  as  streets,  alleys, 
and  public  grounds  heretofore  opened  or  laid  out.  The 
claimant  of  such  damages  shall,  in  all  cases  furnish  an 
abstract  of  title,  showing  himself  entitled  to  the  same  be- 
fore they  shall  be  paid  to  him.  If  in  any  case  there  shall 
be  any  doubt  as  to  who  is  entitled  to  the  damages  for 
land  taken,  the  city  may  require  of  the  claimant  a  bond 
with  good  and  sufficient  sureties  to  hold  said  city  harmless 
from  all  loss,  costs  and  expenses  in  case  any  other  person 
should  claim  such  damages.  The  damages  assessed  by 
the  board  of  public  works  or  awarded  by  the  verdict  of 
the  jury  and  judgment  rendered  thereon  in  case  of  appeal, 
shall  be  paid  or  tendered,  or  provided  in  the  hands  of  the 
city  treasurer  and  ready  to  be  paid  over  to  the  person  or 
persons  entitled  thereto,  and  notice  thereof  given  in  the 
official  papers  as  herein  provided,  within  twelve  months 
after  the  rendering  of  such  judgment,  or  after  the  con- 
firmation of  such  assessment  by  the  common  council,  in 
case  no  appeal  shall  have  been  taken;  and  if  not  so  paid 
or  tendered  or  provided  in  the  hands  of  the  city  treasurer, 
all  the  proceedings  in  any  such  case  shall  be  void;  pro- 
vided, that  such  period  of  twelve  months  shall  be  exclusive 
of  the  time  anj^  such  judgment  may  be  pending  in  the 
supreme  court  on  appeal;  and  provided  also,  that  if  the 
common  council  of  said  city  shall,  at  any  time  before  the 
city  has  actually  entered  upon  and  appropriated  the  pro- 
perty to  the  use  for  which  it  is  proposed  to  be  taken,  bj^ 
resolution,  determine  and  declare  that  the  cost  of  the 
property  proposed  to  be  taken  whether  ascertained  by 
the  board  of  public  works  or  by  the  court  on  appeal  in 
any  case  from  the  decision  of  said  board,  is  unreasonably 
great  or  so  large  as  to  be  burdensome  and  injurious  to  the 


CHAP. 

6 

When  city  may 
enter  upon  and 
appropriate  prop- 
erty  condemned. 


Abstract  to  be  fur- 
nished by  claim- 
ant. 


Bond  may  be  re- 
quired, when. 


Abandonment  of 
proceedings. 


CHAP. 

6 


MILWAUKEE   CITY   CHARTER. 


90 


Assessment 
lien  upon 
premises,  when. 


Removal  of  build 
ings,  how  com- 
pelled. 


owners  of  the  property  assessed  for  benefits  thereby,  or 
that  for  any  reason  the  taking  of  any  property  so  pro- 
posed to  be  taken  for  public  use  is  inexpedient,  it  shall 
be  lawful  for  the  common  council  to  direct  that  the  pro- 
ceedings for  taking  any  or  all  such  property  be  abandoned, 
and  thereupon  and  thereafter  such  property,  or  the  part 
thereof  for  the  taking  of  which  the  proceedings  are  so 
abandoned,  shall  be  and  remain  private  property  the  same 
as  if  no  such  proceedings  had  been  instituted  for  the 
purpose  of  taking  the  same  for  public  use,  and  the  expense 
of  such  proceedings  so  abandoned,  shall  be  paid  by  the 
said  city,  out  of  the  fund  of  the  ward  or  of  the  wards  in 
which  such  property  is  situated;  and  provided  further, 
that  no  such  abandonment  of  any  proceedings  shall  in 
any  way  hinder  or  prevent  other  and  subsequent  pro- 
ceedings to  take  the  same  property,  or  any  part  of  it,  for 
the  same  or  any  other  public  use  for  which  it  may  be 
taken  by  law.  The  benefits  assessed  and  reported  by 
to  be  the  board  of  public  works,  from  the  confirmation  of  such 
report  by  the  common  council,  shall  be  and  remain  a  lien 
upon  the  premises  so  determined  by  the  board  of  public 
works  to  be  benefited  by  the  taking  and  appropriation  of 
lands  to  the  public  use  as  proposed.  Whenever  the 
owner  of  any  building  situated  in  the  whole  or  in  part 
upon  the  land  proposed  to  be  taken  for  public  use,  as  in 
this  act  provided,  shall  not  have  removed  the  same  from 
such  land  before  the  city  shall  desire  to  enter  upon  and 
appropriate  the  property  to  the  use  for  which  it  is  taken, 
the  common  council  of  said  city  may  direct  that  notice  be 
given  to  such  owner  requiring  him  to  remove  the  same 
from  the  premises,  so  taken  for  the  public  use  within  a 
reasonable  time,  not  less  than  thirty  days  to  be  specified 
in  such  notice;  and  in  case  such  owner  shall  neglect  to 
remove  such  building  within  the  time  specified  in  such 
notice,  the  said  board  of  public  works  shall  report  the 
facts  to  the  common  council,  and  said  common  council, 
in  their  discretion,  shall  have  power  to  sell  or  direct  the 
sale  of  such  building  at  public  auction  for  cash,  giving 
ten  days  public  notice  of  such  sale  in  the  official  papers 
of  said  city,  and  the  purchaser  of  such  building  at  such 
sale  shall  be  authorized  to  enter  upon  the  said  premises 
upon  which  such  building  is  situated  adjacent  lo  the  land 
so  taken  for  public  use  and  to  remove  such  building 
therefrom,  and  he  shall  not  thereby  incur  any  liability  to 


91  MILWAUKEE  CITY  CHARTER.  CHAP. 

6 

the  owner  of  such  premises  as  a  trespasser  thereon.  In 
case  of  such  sale,  the  proceeds  shall  be  paid  by  such  city 
to  the  owner  of  such  building  or  deposited  in  the  treasury 
of  said  city  to  his  use. 

As  amended  by  Section  18,  Chapter  324,  Laws  of  1882,  and  fur- 
ther amended  by  Section  16,  Chapter  524,  Laws  of  1887. 

Before  the  city  can   "enter  upon    and   appropriate"  property  ♦ 

condemned  for  pubhc  use,  the   damages   awarded   to   the   owner 
must  be  paid  or  tendered,  or  provided  for  in  case  of  an  appeal. 
Oilman  vs.  Milwaukee,  55  Wis.,  328. 

In  an  answer  interposed  by  the  city  in  an  action  to  procure  pay- 
ment to  plaintiffs  of  money  awarded  for  taking  land  for  public  use, 
where  no  right  is  asserted  to  an  abstract  of  title  before  making 
such  payment,  the  charter  provision  requiring  such  abstract  is 
thereby  waived, 

Kluender  vs.  Milwaukee,  57  Wis.,  636. 

When  proceedings  to  condemn  land  for  public  use  have  been 
lawfully  abondoned  b}^  the  city,  it  is  only  liable  to  the  owner  for 
damages  caused  by  wrongful  acts  done  by  it  during  the  course 
of  such  proceedings. 

Feiten  vs.  Milwaukee,  47  Wis,,  494. 

The  provision  of  law  authorizing  the  council  to  abandon  pro- 
ceedings for  condemnation  theretofore  held,  is  valid,  and  such 
abandonment  renders  inoperative  a  judgment  previously  rendered 
against  the  city. 

Van  Valkenburgh  vs.  Milwaukee,  43  Wis.,  574. 

Section  17.     When  the  whole  of  any  lot  or  tract  of  ^.  w        d 

land  or  other   premises,    under   lease  or  other  contract,     property  subject 

shall  be  taken  by  virtue  of  this  act,  all    the  covenants,     *°  '^^^^  o""  ''J^®'' 

,  i       ,1      .         1  contract,  such 

contracts  or  engagements  between  landlord  and  tenant,     lease  or  contract 

or  any  other  contracting  parties,   touching  the  same,   or     to  cease  and  be 
any  part  thereof  shall  upon  confirmation  of  such  report,     charged  on  con- 
respectively  cease  and  be  absolutely  discharged.     When     firmation  of 
only  part  of  a  lot  or  tract  of  land,  or  other  premises,  so     ""^PO"- 
under  lease  or  other  contract,  shall  be  taken  for  any  of 
the  purposes   aforesaid,    all  the  covenants,    contracts   or 
agreements  respecting  the  part  so  taken,  upon  confirma- 
tion of  such  report,  shall  be  absolutely  discharged  as  to 
the  part  thereof  so  taken,  but  shall  remain  valid   as  to 
the   residue    thereof,  and   the   rents,   considerations  and 
payments  reserved  payable  and  to  be  paid  for  or  in  res- 
pect  to    the    same,  shall    be   so   apportioned,    that   part 
thereof,  justly  and  equitably    payable   for   such    residue 


CHAP.  MILWAUKEE   CITY   CHARTER.  92 

6 

thereof,  and  no  more,  shall  be  paid  or  recoverable  for  or 
in  respect  to  the  same. 

As  amended  by  Section  17,  Chapter  524,  Laws  of  1887. 

See  Driver  vs.  W.  U.  Tel.  Co.,  32  Wis.,  569. 

Notices,  how  Section  18.     When    any    known   owner  of  lands  or 

served  on  infants  tenements  affected  by  any  proceedings  under  this  chapter 

ing  under  legal      shall  be  an  infant,  or  labor  under  any  legal  disability,  the 

disability.  judge  of  the  circuit  court  of  Milwaukee  county,  or  in  his 

absence,  the  judge  of  any  court  of  record  in  said  county 

may  upon  the  application  of  the  city  attorney,  or  of  such 

party  or  his  next  friend,  appoint  a  guardian  for  such  party 

and  all  notices  required  by  this  chapter  shall  be  served 

upon  such  guardian. 

As  amended  by  Section  18,  Chapter  524,  Laws  of  1887. 

Surveys  and  plats  SECTION  19.  Whenever  any  public  ground,  street  or 
to  be  made  and  alley,  or  any  river,  canal  or  waterway  shall  be  laid  out, 
city  engineer^  by  widened  or  enlarged,  under  the  provisions  of  this  chapter 
board  of  public  the  board  of  public  works  shall  cause  an  accurate  survey, 
^^^^^-  plat  and  profile  thereof  to  be  made,  and  filed  in  the  office 

of  the  city  engineer. 

As  amended  by  section  19,  Chapter  524,  Laws  of  1887. 

Condemnation  pro-       SECTION  20.     In  all  cases  where  the  report  or  verdict 
ceedings  had         of  a  jury  may  have  established   the  necessity  of  taking 
acUo^be  °    '^      private  property  for  any  authorized   public  use  in  said 
governed  by  it.       city,  previous  to  the  passage  of  this  act,  the  damages  and 
benefits  arising  therefrom  may  be  assessed  as  required  by 
this  act,  and  all  proceedings  subsequent  to  such  report  or 
verdict,  may  be  had  and  continued  to  final  completion,  in 
the  same  manner  as  if  such  proceedings  had  been  origin- 
ally instituted  under  this  act. 

As  amended  by  Section  20,  Chapter  524,  Laws  of  1887. 

Directions  only  SECTION  21.     All  the   foregoing   directions   given  in 

directory.  this  chapter,  shall  be  deemed  only  directory;  and  no  error, 

irregularity  or  informality  in  any  of  the  proceedings 
under  the  provisions  of  this  chapter,  not  affecting  sub- 
stantial justice,  shall  in  any  way  affect  the  validity  of  the 
proceedings. 

As  Amended  by  Section  21,  Chapter  534,  Laws  of  1887. 
See  note  to  Sec.  35,  Ch.  XVIII. 


93  MILWAUKEE   CITY    CHARTER.  CHAP. 

Section  22.     The   common   council   shall    have    the  Common  council 
power,  and  are  hereby  authorized  to  vacate,  in  whole  or     "lay  vacate  high- 
in  part,  such  highways,  streets,  alleys  and  public  walks     alleys  and^pubhc 
within  the  corporate  limits  of  the  city,  as  in  their  opin-     walks  when 
ion    the    public    interest    may  require    to  be  vacated,  or     ''®^""'®"- 
such  as  in  their  opinion  are  of  no  public  utility;  provided, 
however,  the  necessity  of  vacating  such  highway,  street, 
alley  or  public  walk,  or  any  part  thereof  or  their  want  of 
public   utility    shall  first  be  established  bj^  a  verdict  or 
report  of  a  jury  in  like  manner  as  is  provided  for  laying 
out  public  squares,  grounds  and  streets  in  this  chapter. 

As  amended  by  Section  22,   Chapter  524,   Laws  of  1887.     See 
Chapter  374,  Laws  of  1889,  in  the  foot  note. 

Section  23.     Whenever  it  shall  be  necessary  to  change   |viay  change  the 
the  location  or  direction  of  any  highways,  streets,  alleys     location  or  direc- 
or  public  walks  within  the  corporate  limits  of  the  city  of    |j,ay,°Jtre2l  alley 
Milwaukee,   and  it  shall   for  that  purpose   be  necessary     or  public  walk 
to  take  lands  and  to  vacate  parts  of  any  such  highway,     J!"*!)^"  corporate 
street,  alley  or  public  walk,  such  taking  of  lands  and  va- 
cating of  such  parts  of  such  highway,   street,   alley   or 
public   walk   may  be  done  by  one  proceeding,  and  the 
jury  in  such  case  shall  determine  the  necessity  of  taking 
such  lands  proposed  to  be  taken   and   the  necessity  of 
vacating   such   parts   of  such   highway,    street  alley  or 
public  walk  proposed  to  be   vacated   for   such   purpose, 
and  the  board  of  public  works  in  making  the  assessment 
of  benefits  and  damages  in  such  case  shall  make  but  one 
assessment  and  assess  the  benefits  and  damages  on  account 
of  the  change  in  location  or  direction  of  such   highway, 
street,  alley  or  public  walk,    and   the   provisions  of  this 
chapter  in  respect  to  the  proceedings  for  taking  lands  and 
for  vacating  highways,  streets,   alleys   and  public  walks 
shall  in  all  respects  govern  such  case. 

As  amended  by  Section  23,  Chapter  524,  Laws  of  1887. 

Section  24.     All  provisions  of  this  act  relating  to  the  Provisions  of  this 

taking  of  land  by  said  city  for  public  purposes,  shall  apply  act  to  apply  to 

to  the  lands  required  for  the  sites  of  public  school  build-  So^demiatioid 

ings,  engine  houses  and  other  public  city  buildings,  and  lands  for  school 

for  the  premises  attached  to  such  buildings,   except  that  houserand^other 

the  common  council  shall  not   order,    and   the  board   of  public  '  buildings, 

public  works  shall  not  make  an  assessment  of  benefits,  or  for  their 
nor  shall  the  cost  of  such  land,  or  the  damages  arising  by 


CHAP.  MILWAUKEE   CITY    CHARTER.  94 

6 

reason  of  the  taking  of  such  lands,  or  any  portion  of  such 
cost  or  damage  be  chargeable  to  or  paid  out  of  the 
ward  fund  of  any  ward,  but  any  and  all  damages  awarded 
to  the  owner  by  the  board  of  public  works,  as  confirmed 
by  the  common  council  for  any  property  condemned  by 
said  city  for  the  purposes  mentioned  in  this  section, 
shall  be  chargeable  to  and  payable  out  of  the  general 
city  fund. 

As  amended  by  Section  24,  Chapter  524,  Ivaws  of  1887. 

Funds  may  be  ad-       SECTION  25.     Whenever  any  property   shall   be   con- 
vanced  from  demned  for  any  of  the  purposes   mentioned  in  this  act 

approp'Nation.'^^^  ^^^  ^^^^^  ^^^  assessment  of  benefits  and  damages  shall 
have  been  made  by  the  board  of  public  works,  and  con- 
firmed by  the  common  council,  as  provided  in  this  chap- 
ter the  common  council  shall  have  powxr,  with  the  con- 
currence of  the  aldermen  of  the  wards,  to  advance  by 
appropriation  from  the  ward  fund  of  the  ward  in  which 
tlie  premises  to  be  taken  are  situated,  the  amount  required 
to  pay  the  damages  so  assessed  and  confirmed,  for  the 
purpose  of  paying  or  tendering  the  same  to  the  owner  or 
owners  of  property  so  taken,  as  provided  in  section  six- 
teen of  this  chapter;  and  in  case  such  advance  shall  have 
been  made  the  special  tax  collected  from  the  property 
benefited,  under  such  assessment,  shall  be  credited  to 
said  ward  fund,  to  reimburse  said  fund,  the  amount  so 
advanced. 

As  amended  by  Section  25,  Chapter  524,  Laws  of  1887. 

Note: — By  chapter  524,  Laws  of  1887,  chapter  6  of  the  charter 
was  amended  throughout;  section  25  was  inserted  and  section  25 
of  the  old  charter  was  transposed  and  made  section  31. 

The  legislature  of  1889  overlooked  these  changes  and  by  chapter 
243  amended  section  25  so  as  to  read  as  it  appears  immediately 
following  hereto.  By  this  error  section  25,  as  given  above,  is 
repeated  while  section  31,  which  the  legislature  evidently  intended 
to  amend,  is  left  in  statu  quo. 

Section  25.  (In  all  cases  where  lands  in  the  city  shall  here- 
after be  subdivided  into  lots  or  blocks,  or  where  streets,  alleys  or 
public  grounds  shall  be  donated  or  granted  to  the  public,  the 
owner  or  owners  thereof  shall,  in  platting  the  same,  cause  streets 
and  alleys  in  such  plats  to  correspond  in  width  and  general  direc- 
tion with  the  streets  and  alleys  through  the  lots  and  blocks  in  said 
city  adjacent  to  the  lot  or  tract  so  platted,  and  shall  submit  such 
Board  to  examine  ™^P^  ^^  plats  thereof  to  the  board  of  public  works  and  to  the  com- 
plat,  mon  council  of  said  city  for  their  approval;  and  if  such  map   or 

plat  shall  be  approved  by  said  board  and  by  the  common  council 


95 


MILWAUKEE   CITY   CHARTER. 


CHAP. 

6 


the  party  or  parties  making  such  plat  shall  record  the  same  within 
thirty  days  from  the  date  of  such  approval,  in  the  manner 
prescribed  in  the  Revised  Statutes  of  the  state  concerning 
tov^^n  plats;  but  except  such  plat  be  approved  in  writing  endorsed 
thereon  and  subscribed  by  said  board  and  by  resolution  adopted 
by  said  common  council,  a  copy  of  which,  duly  certified  by  the 
city  clerk,  shall  be  affixed  to  said  plat  (and  offered  for  record  on 
or  before  thirt}'  daj-s  from  the  date  of  such  resolution),  it  shall  not 
be  lawful  for  the  register  of  deeds  of  Milwaukee  county  to  receive 
such  plat  or  map  for  record,  or  to  record  the  same,  and  the  same 
shall  have  no  validity;  and  the  person  or  persons  neglecting  or 
refusing  to  comply  with  the  requirments  of  this  section  shall  for- 
feit and  pay  a  sum  not  less  than  one  hundred  dollars  or  more  than 
one  thousand  dollars  and  the  register  of  deeds  who  shall  record 
such  plat,  without  such  approval  of  the  board  of  public  works 
indorsed  thereon,  or  without  such  copy  of  resolution  of  the  com- 
mon council  thereto  attached,  approving  the  same  (or  after  thirty 
days  from  the  date  of  such  resolution),  shall  forfeit  and  pay  a  sum 
of  not  less  than  fifty  dollars  or  more  than  one  hundred  dollars. 
All  forfeitures  and  liabilities  w^hich  may  be  incurred  and  arising 
under  and  by  virtue  of  this  section,  shall  be  prosecuted  for  and 
recovered  in  the  name  of  the  city  of  Milwaukee,  and  paid  into  the 
city  treasury  for  the  benefit  of  said  city.  The  provisions  of  this 
act  shall  apply  to  all  maps  heretofore  approved  by  the  board  of 
public  works  and  common  council  that  shall  not  be  recorded 
wnthin  thirty  days  after  the  passage  and  publication  of  this  act. 
Every  person  who  shall  bargain  and  sell  any  lot,  piece  or  parcel 
of  land  within  the  limits  of  the  city  of  Milwaukee  purporting  to 
be  described  on  any  unrecorded  plat,  and  such  lot,  piece  or  parcel 
of  land  shall  not  have  been  surveyed,  platted  and  recorded  in  the 
office  of  the  register  of  deeds  in  the  manner  provided  by  law,  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars  or  less 
than  twenty  five  dollars). 
Chapter  243,  Laws  of  1889. 

Section  26.  Whenever  the  common  council  of  the 
city  of  Milwaukee  shall,  with  the  concurrence  of  three- 
fourths  of  the  members  elected  thereto,  declare  by  resolu- 
tion that  it  is  necessary  for  the  public  interest  to  extend 
an}'  water  pipe  or  make  or  extend  any  supply  tunnel  or 
any  sewer  below  the  surface  of  the  ground,  upon,  along 
or  through  any  lands  either  within  or  without  the  limits 
of  said  city,  the  said  common  council  shall  have  the 
authority  to  take  and  acquire  the  use  of  such  lands  for  such 
purposes  or  for  either  such  purposes,  by  proceeding  in 
all  respects,  in  relation  to  such  taking  and  acquiring 
for  such  use  as  is  provided  in  this  chapter  in  reference  to 
the  taking  of  lands  for  public  use  without  petition,  except 
in  those  respects  in  which  a  different  provision  is  specially 
made  in  the  next  two  sections. 

As  amended  by  Section  26,  Chapter  524,  Laws  of  1887. 


Penalty. 


Lands  may  be 
taken  and  ac- 
quired for  pur- 
poses of  extend- 
ing water  pipe, 
supply  tunnels, 
etc. 


CHAP. 

6 

Board  of  public 
works  to  deter- 
mine injury  to 
property  owners 
in  consequence 
of  tal(ing  and 
acquiring  lands 
for  such  use. 


MILWAUKEE   CITY   CHARTER. 


96 


Section  27.  The  board  of  public  works  in  making  its 
award  to  the  owners  of  the  property,  in  which  such  use 
as  is  herein  named,  shall  be  acquired,  shall  determine 
the  injury  arising  to  the  owners  thereof,  respectively,  in 
consequence  of  the  taking  and  acquiring  of  such  use,  but 
it  shall  not  be  necessary  to  make  any  estimate  of  benefits 
from  such  use  either  to  such  owner  or  to  other  lands. 

As  amended  by  Section  27,  Chapter  524,  Laws  of  1887. 


When  lands  may 
be  used. 


Section  28.  Whenever  the  damages  awarded  to  the 
owners  of  any  lands,  the  use  of  which  for  the  purposes 
specified  in  this  act  or  for  either  of  such  purposes,  is 
sought  to  be  taken  and  acquired  by  said  city,  shall  have 
been  paid  or  tendered  to  such  owner  or  when  sufficient 
money  for  that  purpose  shall  have  been  provided  in  the 
hands  of  the  city  treasurer,  and  shall  be  ready  to  be  paid 
over  to  such  owner,  and  ten  days  notice  thereof  shall  have 
been  given  by  the  board  of  public  works,  in  the  official 
papers,  the  said  city  shall  thereupon  and  thereby  acquire 
and  have  the  right  to  the  use  of  such  lands  for  such  pur- 
pose forever,  and  its  proper  officer  and  any  contractor  or 
other  person  acting  under  the  authority  of  said  city,  or  of 
its  proper  officers,  shall  have  the  right  to  lay  and  con- 
tract sewers  or  water-pipes  or  both,  in,  through  and  along 
such  lands  and  may  lawfully  enter  upon  the  same  with 
men  and  teams,  as  may  be  necessary  or  convenient  for 
doing  such  work,  and  may  dig  upon  and  otherwise  pre- 
pare such  lands  for  the  use  for  which  they  are  so  taken 
and  acquired,  doing  no  unnecessary  damage  thereby,  and 
may  place,  lay  and  maintain  water-pipes,  or  sewers  or  both 
therein,  and  may  at  any  and  all  times  enter  upon  said 
lands  with  men  and  teams  as  may  be  necessary  and  con- 
venient, for  the  purpose  of  taking  up,  relaying,  repairing, 
removing  or  in  any  way  modifying  such  water-pipes  or 
sewers,  or  both,  doing  no  unnecessary  damage  thereby; 
provided,  that  it  shall  be  the  duty  of  said  city  or  its 
officers,  or  any  contractor  or  other  person  doing  any 
work  on  lands  under  the  provisions  of  this  act  upon  the 
completion  of  such  work,  to  restore  such  lands  to  the 
same  condition  in  which  they  were  before  such  work  was 
done,  as  nearly  as  is  practicable  to  do  so;  provided 
further,  that  no  sewer  shall  be  extended  into  or  through 
any  ward  from  any  other  portion  of  the  said  city,  by 
virtue  of  this  act  without  the  previous  consent  of  the 


97 


MILWAUKEE   CITY    CHARTER, 


aldermen  of  said  ward  in  writing,  filed  in  the  office  of  the 
board  of  public  works. 

As  ameuded  by  Section  28,  Chapter  524,  Laws  of  1887. 

When  the  owner  of  real  estate  accepts  the  damages  awarded 
him,  he  is  estopped  from  objecting  that  the  proceedings  for  lay- 
ing out  a  highway  are  defective. 

Karber  vs.  Nellis,  22  Wis.,  207. 

Section  29.  In  addition  to  the  power  to  acquire  the 
use  of  lands  for  the  purpose  named  in  this  act,  by  con- 
demnation, as  hereinbefore  provided,  the  city  of  Milwau- 
kee is  hereby  empowered  and  authorized  to  acquire  such 
use  of  any  lands  either  within  or  without  the  city  limits 
of  said  city,  by  grant  or  conveyance  by  deed,  in  all  cases 
where  the  terms  of  a  purchase  shall  be  agreed  upon 
between  the  city  and  the  owners  of  any  such  lands, 

P     As  amended  by  Section  29,  Chapter  524,  Laws  of  1887. 
See  Tester  vs.  Sheboygan,  87  Wis.,  496. 


CHAP. 

6 


Lands  outside  the 
limits  of  city  may 
be  used  and 
acquired. 


Section  30.  In  case  it  shall  be  necessary  to  take  any 
property  for  the  purpose  of  opening  and  constructing  the 
canals,  water  channels  and  slips,  or  any  part  thereof, 
laid  out  and  established  in  the  valley  of  the  Menomonee 
river,  under  and  in  pursuance  of  chapter  91,  of  the  local 
laws  of  1869,  or  to  take  any  property  for  the  purpose  of 
opening  and  constructing  the  water  channel  of  the  Kin- 
nickinnick  river,  when  the  same  shall  be  adopted  and 
established,  recorded  and  filed,  as  provided  by  section  20, 
of  chapter  129,  of  the  laws  of  1873,  the  same  proceedings 
shall  be  had  as  are  in  this  chapter  prescribed  for  the  tak- 
ing of  property  for  public  squares,  grounds,  streets  and 
alleys;  the  common  council  shall  have  power  to  vacate 
any  canal  or  slip  or  any  part  thereof  for  the  same  reasons 
and  upon  the  same  proceedings  being  had  that  are  pre- 
scribed in  this  chapter  for  vacating  streets  in  said  city, 
and  the  said  common  council  is  hereby  authorized  and 
empowered  to  change  the  location  and  direction  of  any 
canal,  water  channel  or  slip  and  the  location  and  direc- 
tion of  any  riv^er  within  the  corporate  limits  of  said  city, 
upon  the  same  proceedings  being  had  as  are  prescribed 
in  this  chapter  for  changing  the  location  or  direction  of 
any  street  in  said  city,  and  all  the  provisions  of  this 
chapter  relating  to  assessments  of  damages  and  benefits. 


Lands  may  be 
tal(en  for  the  pur- 
pose of  opening 
and    constructing 
canals,  water 
channels  and 
slips  established 
in  valley  of 
Menomonee 
river,  or  for 
opening  and 
constructing 
water  channels  of 
Kinnickinnic 
river. 


CHAP.  MILWAUKEE   CITY   CHARTER.  98 

6 

appeals  and  compensation  to  owners,  shall  be  applicable 
to  cases  arising  under  this  section. 

A.S  amended  by  Section  30,  Chapter  524,  Laws  of  1887. 


Where  hereafter  SECTION  31.      In  all  cases  where  lands  in  the  city  shall 

lands  are  subdi-  hereafter  be  subdivided  into  lots  and  blocks,  or  where 

aild  blocks °the  streets,  alleys   or   public   grounds   shall   be   donated    or 

streets  and  alleys  granted  to  the  public,  the  owner  or  owners  thereof  shall, 

of  such  plat  must  jj^  platting  the  same,  cause  the  streets  and  alleys  in  such 

correspond  in  ,  ^  '^^  ,    .  .  ,  ,  ,  ,     , .         . 

width  and  general  P^at  to  correspond  in  width  and  general  direction  with 

direction  with  the  streets  and  alleys  through  the  lots  and  blocks  in  said 
Map^of  piaHo  be  ^^^Y  adjacent  to  the  lot  or  tract  as  platted,  and  shall 
submitted tocom-  submit  such  maps  or  plats  thereof  to  the  board  of  public 
approval""^'  ^^  works,  and  to  the  common  council  of  said  city,  for  their 
approval;  and  if  such  map  or  plat  shall  be  approved  by 
the  said  board  of  public  works  and  by  the  common  coun- 
cil, it  shall  be  lawful  for  the  party  or  parties  making  such 
plat  to  record  the  same,  and  the  evidence  of  such  ap- 
proval, in  the  manner  prescribed  in  the  revised  statutes 
of  the  state  concerning  town  plats;  but  except  such  plat 
shall  be  approved  by  writing,  endorsed  thereon  and  sub- 
scribed by  said  board  of  public  works  and  by  resolution 
adopted  by  said  common  council,  a  copy  of  which  duly 
certified  by  the  city  clerk,  shall  be  affixed  to  said  plat, 
it  shall  not  be  lawful  for  the  register  of  deeds  of  Milwau- 
kee county  to  receive  such  plat  or  map  for  record,  or  to 
record  the  same,  and  the  same  shall  have  no  validity;  and 
the  person  or  persons  neglecting  or  refusing  to  comply 
with  the  requirements  of  this  section,  shall  forfeit  and 
pay  a  sum  not  less  than  one  hundred  dollars,  nor  more 
than  one  thousand  dollars;  and  the  register  of  deeds  who 
shall  record  such  plat  without  the  approval  of  the  board 
of  public  works  endorsed  thereon  or  without  such  copy 
of  a  resolution  of  the  common  council  thereto  attached 
approving  the  same,  shall  forfeit  and  pay  a  sum  not  less 
than  fifty  dollars,  nor  more  than  one  hundred  dollars. 
All  forfeitures  and  liabilities  which  may  be  incurred  and 
arise  under  and  by  virtue  of  this  section  shall  be  prose- 
cuted for  and  recovered  in  the  name  of  the  city  of 
Milwaukee,  and  paid  into  the  city  treasury,  for  the  use 
and  benefit  of  said  city. 

As  amended  by  Section  31,  Chapter  524,  Laws  of  1887. 


99  MILWAUKEE   CITY   CHARTER. 

CHAPTEB  374,  LAAVS  OF  1889. 

Whenever  the  common  council  of  the  said  city  of  Milwaukee 
shall  have  changed  and  altered  the  established  grade  of  any  street 
therein  in  the  manner  provided  by  law,  after  such  street  shall  have 
been  once  graded  and  paved  to  the  established  grade,  and  any 
part  or  portion  of  said  street  shall  have  been  improved  and  brought 
to  the  grade  so  altered  and  changed,  it  shall  be,  and  is  hereby 
made  the  duty  of  the  said  common  council,  to  cause  the  remaining 
portion  of  said  street,  the  grade  of  which  has  been  so  altered  and 
changed,  to  be  graded  and  graveled  or  paved  to  such  altered  and 
changed  grade,  within  one  year  from  the  time  of  the  improvement 
of  any  portion  of  said  street,  to  the  grade  so  changed  and  altered. 

Section  2.  It  shall  not  be  necessary  to  give  any  notice  except 
by  publication  in  the  official  newspapers  of  said  city  in  the  manner 
provided  by  law,  to  any  person,  of  the  vacation  or  proposed  vaca- 
tion of  any  street,  alley  or  public  place,  under  the  provisions  of 
section  22,  of  chapter  6,  of  said  charter. 


CHAP. 

6 


Amends  chapter  6, 
charter  of  the  city 
of  Milwaukee. 


Relating  to  vaca- 
tion of  streets. 


CHAPTER  250,  LAWS  OF  1881. 

Section  1.     Whenever    the    common    council    of  the   city  of  Qommon  council 
Milwaukee,   shall  with  the  concurrence   of  three-fourths  of  the      may  take  and 
members  elected  thereto,  declare  by  resolution  that  it  is  necessary      acquire  lands  for 
for  the  public  interest  to  extend  any  water  pipe  or  any  sewer  below     use  in  laying 
the  surface  of  the   ground   upon,    along  or   through   any   lands,      P'P®' 
either  within  or  without  the  limits  of  said  city,   the  said  common 
council  shall  have  the  authority  to  take  and  acquire  the  use  of 
such  lands  for  such  purposes  or  for  either  such  purpose,   by  pro- 
ceeding in  all  respects  in  relation  to  such  taking  and   acquiring 
for  such  use,  as  is  provided  in  chapter  six  of  the   charter  of  said 
city,  being  charter  six  of  chapter  one  hundred  and  eighty-four  of 
the  laws  of  1874,  in  reference  to  the  taking  of  lands  for  public  use 
without  petition,    except  in  those  respects  in   which  a  different 
provision  is  especially  made  in  this  act. 


Section  2.  The  board  of  public  works,  in  making  its  award 
to  the  owners  of  the  property,  in  which  such  use  as  is  herein 
named  shall  be  acquired,  shall  determine  the  injury  arising  to  the 
owners  thereof  respectively,  in  consequence  of  the  taking  and 
acquiring  of  such  use  but  it  shall  not  be  necessary  to  make  any 
estimate  of  benefits  from  such  use  either  to  such  owners  or  to 
other  lands. 

Section  3.  Whenever  the  damages  awarded  to  the  owners  of 
any  lands,  the  use  of  which  for  the  purposes  specified  in  this  act 
or  for  either  of  such  purposes,  is  sought  to  be  taken  and  acquired 
by  said  city,  shall  have  been  paid  or  tendered  to  such  owner,  or 
when  sufficient  money,  for  that  purpose,  shall  have  been  provided 
in  the  hands  of  the  city  treasurer,  and  shall  be  ready  to  be  paid 
over  to  such  owner,  and  ten  days,  notice  thereof  shall  have  been 
given  by  the  board  of  public  works,  in  the  official  papers,  the  said 
city  shall  thereupon  and  thereby  acquire  and  have  the  right  to  the 
use  of  such  lands  for  such  purpose  forever,  and  its  proper  officers 


Board  of  public 
works  to  deter- 
mine damages. 


Tender  of  money 
for  damages,  how 
made. 


CHAP. 

6 


MILWAUKEE    CITY    CHARTER. 


100 


Additional  powers. 


or  any  contractor,  or  other  person,  acting  under  the  authority  of 
said  city,  or  of  its  proper  officers,  shall  have  the  right  to  lay  and 
construct  sewers  or  water  pipes,  or  both,  in,  through,  and  along 
such  lands,  and  may  lawfully  enter  upon  the  same  with  men  and 
teams,  as  may  be  necessary  or  convenient  for  doing  such  work, 
and  may  dig  upon  and  otherwise  prepare  such  lands  for  the  use 
for  which  they  are  so  taken  and  acquired  doing  no  unnecessary 
damage  thereby,  and  may  place,  lay,  and  maintain  waterpipes,  or 
sewers,  or  both  therein,  and  may,  at  any  and  all  times,  enter  upon 
said  lands,  with  men  and  teams,  as  may  be  necessary  or  con- 
venient, for  the  purpose  of  taking  up,  relaying,  repairing,  remov- 
ing or  in  any  way  modifying  such  water  pipes  (or)  sewers,  or  both 
doing  no  unnecessary  damage  thereby;  provided,  that  it  shall  be 
the  duty  of  said  city  or  its  officers,  or  any  contractor  or  other 
person  doing  any  work  on  lands  under  the  provisions  of  this  act 
upon  the  completion  of  such  work,  to  restore  such  lands  to  the 
same  condition  in  which  they  were  before  such  work  was  done, 
as  nearly  as  it  is  practicable  to  do  so;  provided  further,  that  no  sewer 
shall  be  extended  into  or  through  any  ward  from  any  other  portion 
of  said  city,  by  virtue  of  this  act,  without  the  previous  consent  of 
the  aldermen  of  said  ward  in  writing,  filed  in  the  office  of  the 
board  of  public  works. 

Section  4.  In  addition  to  the  power  to  acquire  the  use  of  lands 
for  the  purposes  named  in  this  act,  by  condemnation  as  herein 
above  provided,  the  city  of  Milwaukee  is  hereby  empowered  and 
authorized  to  acquire  such  use  of  any  lands  either  within  or  with- 
out the  limits  of  said  city,  by  grant  or  conveyance  by  deed,  in  all 
cases  where  the  terms  of  a  purchase  shall  be  agreed  upon,  between 
the  city  and  the  owner  of  any  such  lands. 


Completion  ot 
Seventh  ward 
park  authorizea. 


In  case  of  dis- 
agreement with 
owners  of  lots. 


CHAPTEB  235,  LA"WS  OF  1881. 

Section  1.  The  provisions  of  chapter  six,  of  one  hundred  and 
eighty-four,  of  the  laws  of  1874,  are  hereby  so  amended  and 
enlarged,  as  to  authorize  said  city  to  take  and  acquire  the  neces- 
sary lands  and  property  for  the  purpose  of  extending  and  com- 
pleting the  seventh  ward  park  to  the  south  line  of  Mason  street,  as 
the  same  are  named  in  chapter  one  hundred  and  forty-one,  of  the 
private  and  local  laws  of  1868,  and  any  acts  amendatory  thereof, 
and  in  addition  thereto,  such  other  portions  of  block  one  hundred 
and  eight  in  said  seventh  ward,  as  the  common  council  of  said 
city  may,  by  resolution,  determine  to  acquire  for  said  park. 

Section  2.  In  case  said  city  cannot  agree  with  the  owner  or 
owners  of  any  of  the  land  required  for  said  park,  on  the  terms  of 
purchase,  it  is  hereby  authorized  to  condemn  and  take  the  same 
in  the  manner  required  by  law,  to  enable  said  city  to  take  and 
condemn  lands  for  the  purpose  of  laying  out  streets,  alleys,  public 
squares  and  grounds;  provided,  that  for  the  purposes  contemplated 
by  this  act  it  shall  not  be  necessary  to  have  any  petition  of  free- 
holders, or  bond;  but  the  common  council  shall,  by  resolution 
adopted  by  an  affirmative  vote  of  a  majority  of  the  aldermen  of 
said  ward,  direct  proceedings  to  be  had  for  such  purpose,   and 


101  MILWAUKEE   CITY   CHARTER.;     ■.:•'';•-'   '.■      BHAP. 

Q 

thereafter  the  proceedings  shall  be  in  all  respects,  as  provided  by 
law,  for  the  taking  of  property  for  public  use  as  a  street,  without 
petition  or  bond. 

Section  3.  The  city  of  Milwaukee  is  hereby  authorized  to  pur-  q-^  ^^y  Igjjgg  q,. 
chase,  or  lease  with  the  privilege  to  pui  chase,  by  agreement  with  purchase. 
the  owners,  any  or  all  of  the  lands  and  property  contemplated  to 
be  taken  for  the  purpose  of  such  park,  but  no  such  purchase  shall 
be  made  until  the  same  shall  have  been  ordered  by  the  common 
council  of  said  city,  by  resolution  adopted  by  an  affirmative  vote 
of  a  majority  of  the  aldermen  of  said  ward,  specifying  the  land  to 
be  purchased,  the  maximum  price  to  be  paid  therefor,  and  the 
terms  of  payment.  Any  such  purchase  may  be  made  in  whole  or 
part  on  credit,  and  for  that  purpose  the  proper  officers  of  said  city 
may  execute  and  deliver  to  the  vendor  of  such  land  or  property 
purchased,  an  instrument  creating  a  lien  thereon,  and  any  improve- 
ments thereon,  for  such  purchase  money  without  creating  any 
corporate  liability  therefor,  to  secure  the  whole  or  any  part  of  the 
price  in  installments  extending  not  more  than  ten  years  from  the 
date  of  such  purchase,  which  installments  may  bear  interest  at 
such  rate  as  shall  be  agreed  on,  not  exceeding  seven  per  cent,  per 
annum. 

Section  4.  All  such  lands  so  taken,  purchased  or  leased,  shall  q\^  jq  \^q\^  lands 
be  held  by  said  city  in  trust  for  said  seventh  ward  for  the  purpose  in  trust, 
of  a  park,  to  be  an  extension  of  the  seventh  ward  park,  and  shall 
be  improved,  cared  for  and  governed,  as  is  in  that  respect  provided 
in  chapter  one  hundred  and  forty-one,  of  the  private  and  local 
laws  of  1868,  and  the  laws  amendatory  thereof,  the  same  as  if  such 
provisions  were  herein  incorporated  and  enacted. 

Section  5.  All  moneys  required  to  be  paid  for  the  taking  of 
any  lands  or  property  under  this  act  (except  such  as  shall  be  col- 
lected for  assessments  for  benefits),  or  for  the  purchasing  or 
leasing  of  any  lands  or  property  under  this  act,  shall  be  chargeable 
to  and  payable  out  of  the  seventh  ward  fund,  and  not  otherwise; 
and  for  the  purpose  of  providing  such  moneys,  it  shall  not  be 
law^ful  to  exceed  the  limit  now  fixed  by  law  for  such  ward  fund, 
and  for  the  purpose  of  special  assessments  for  benefits  under  this 
act,  the  property  lying  in  said  ward,  shall  be  taxable  therefor. 

Section  6.     If  the  board  of  public  works  or  common  council   proceedinas  mav 
of  said  city  shall  at  any  time  determine  that  the  cost  of  the  property     |)e  abandoned 
proposed  to  be  taken,  whether  ascertained  by  the  said  board  or  by     when. 
the  court  on  appeal  in  any  case  from  the  decision  of  said  board,  is 
unreasonably  great,  or  so  large  as  to  be  burdensome  and  injurious 
to  the  owners  of  the  property  assessed,  to  pay  for  the  same,  or  if 
for  any  reason,  the  taking  of  any  of  the  land  authorized  to  be 
taken  for  such  park  shall  be  inexpedient,  it  shall  be  lawful  for  the 
board   or   the   common   council   to  abandon  the  proceedings  for 
taking  any  or  all  of  such  land,  which  shall  therefore  remain  the 
property  of  the  owners  thereof,  as  if  such  proceedings  had  not 
been  commenced,  and  the  expenses  of  the  proceedings  so  aban- 
doned shall  be  paid  by  the  ward  in  which  such  land  lies.     Such 
abandonment  shall  not  prevent  the  subsequent  resumption  of  such 
proceedings  under  this  act,  it  being  the  intention  of  this  act  to 


CHAP.  MILWAUKEE   CITY   CHARTER.  102 

6 

authorize  the  creation  of  such  park,  so  far  as  the  same  can  be  done 
to  the  advantage  of  the  tax  payers  of  the  said  ward,  and  at  a 
moderate  reasonable  cost,  and  not  otherwise. 

Section  7.  This  act  is  hereby  declared  to  be  an  amendment  of 
the  charter  of  said  city,  and  all  acts  and  parts  of  acts  contravening 
the  provisions  of  this  act,  in  so  far  as  they  conflict  herewith,  are 
hereby  repealed. 


CHAPTER    210,  LATVS    OF   1883. 

May  extend  Section  1.     In  case  the  city  of  Milwaukee  shall  purchase,  by 

Seventh  ward  agreement  with  the  owners,  any  or  all  of  the  lands  and  property 

P*™'  contemplated  to  be  taken  for  the  purpose  of  extending  the  Seventh 

Ward  park,  according  to  the  provisions  of  Chapter  235,  of  the 
Laws  of  1881,  or  shall  so  purchase  by  agreement  any  interest  in, 
or  any  undivided  part  or  share  of  any  such  lands  and  property,  it 
shall  be  lawful  for  said  city,  and  the  proper  officers  of  said  city 
are  hereby  authorized  and  required  to  make  an  assessment  of 
benefits  on  lands  or  premises  benefited  by  such  purchase  by  agree- 
ment, and  to  charge  such  lands  or  premises  with  the  amount  of 
such  benefits  in  the  same  manner  as  is  now  provided  by  law  for  so 
charging  lands  or  premises  benefited,  where  lands  and  property 
are  taken  by  condemnation  for  such  purpose.  When  said  city 
shall  have  purchased  or  determined  to  purchase  by  such  agree- 
ment any  undivided  interest  in,  or  any  undivided  part  or  share  of 
lands  or  property  to  be  taken  for  such  purpose,  it  shall  be  lawful 
for  said  city  to  acquire  the  remaining  interest,  share  or  part  of 
such  lands  or  property  by  condemnation,  as  now  provided  by  law 
for  acquiring  lands  and  property  for  such  purpose. 

Section  2.  In  case  the  common  council  of  said  city  shall  de- 
termine to  purchase,  by  agreement  with  the  owners,  all  the  lands 
that  shall  be  acquired  for  the  purpose  of  the  extension  of  said 
park  under  said  Chapter  235,  the  common  council  shall,  upon  the 
adoption  of  a  resolution  for  that  purpose,  direct  the  board  of 
public  works  to  make  and  report  their  assessment  of  benefits  to 
lands  or  premises  that  it  ascertains  and  determines  to  be  benefited 
by  the  purchase  of  such  property  for  such  purposes,  in  the  same 
manner  as  said  board  would  be  required  to  ascertain  and  deter- 
mine and  make  assessment  of  benefits,  upon  the  confirmation  of 
the  report  of  the  jury,  in  case  such  property  had  been  taken  under 
proceedings  for  acquiring  property  for  such  purpose  by  condem- 
nation. In  case  the  common  council  shall  determine  to  acquire 
for  such  purpose,  a  part  only  of  such  lands  by  purchase  by  agree- 
ment, and  the  remaining  part  thereof  by  condemnation,  or  in  case 
any  undivided  interest  or  interests  in  any  such  lands  shall  be 
acquired  by  such  purchase,  and  other  interests  in  the  same  lands 
shall  be  determined  to  be  taken  by  condemnation,  then  the  com- 
mon council  shall,  at  the  same  time  that  it  directs  the  board  of 
public  works  to  view  the  premises  determined  to  be  taken  by 
condemnation  for  the  purpose  of  ascertaining  and  determining 
the  amount  of  damages  to  be  paid  to  the  owner  or  owners  of  the 
property  proposed  to  be  taken,  direct  said  board  also  to  view  the 


103  MILWAUKEE   CITY   CHARTER.  CHAP. 

6 

premises  determined  to  be  acquired  by  purcliase  by  agreement, 
and  the  premises  in  which  any  undivided  interest  is  determined 
to  be  so  acquired,  and  to  ascertain  and  determine  what  lands  or 
premises  will  be  benefited  by  the  taking  and  acquiring  of  the 
property  for  such  use,  as  well  that  taken  by  condemnation,  as  that 
acquired  by  purchase  by  agreement,  or  in  which  any  interest  is 
so  acquired,  and  to  make  report  of  its  determination  and  assessment 
as  now  required  by  law  in  case  of  property  taken  for  such  purpose 
by  condemnation.  After  the  board  of  public  works  shall  have 
been  so  directed  by  the  common  council  in  either  case  aforesaid, 
said  board  shall  proceed  as  now  required  by  law  in  a  pro- 
ceeding for  the  condemnation  of  such  lands  and  all  subsequent 
proceedings,  rights  and  duties,  either  of  the  city  or  its  officers  or 
of  private  persons  or  parties  in  relation  to  such  assessments  of 
benefits,  including  appeals  therefrom,  the  charging  of  the  property 
therewith,  and  the  collection  of  the  same,  shall  be  the  same  and 
shall  be  governed  by  the  same  laws  as  are  now  applicable  to  cases 
of  assessments  of  benefits  by  the  taking  of  such  property  by 
condemnation. 

Section  3.  Authority  is  hereby  given  to  said  city  to  take  by  ^gyy  acquired. 
condemnation,  or  to  acquire  by  purchase  by  agreement  for  the 
purpose  of  extending  and  completing  said  park,  such  portions  of 
the  tract  of  land  lying  east  of  the  east  line  of  Lake  avenue,  as  laid 
out  and  designated  on  the  plat  of  Diedrich's  subdivision  of  land, 
lying  east  of  block  one  hundred  (100)  in  the  seventh  ward  of  the 
city  of  Milwaukee,  as  the  common  council  of  said  city  may,  by 
resolution,  determine  to  acquire  for  such  purpose  and  for  that 
purpose  all  the  provisions  of  said  Chapter  235,  and  of  this  act, 
applicable  thereto,  are  hereby  extended  so  as  to  include  said  last 
named  tract  of  land,  and  are  to  be  held  and  construed  for  all 
purposes,  as  if  said  tract  of  land  had  been  originally  named  in 
and  covered  by  the  provisions  of  said  Chapter  235. 


CHAPTEB  85,  LAWS  OF  1881. 

Section  1.     The  city  of  Milwaukee  is  hereby  authorized  to  sell   gjj|g  qj  block  18 
at  the  largest  practicable  price  all  the  interests  of  said  city,   or  of     Fifth  ward. 
the  fifth  ward,  in  block  eighteen,  in  said  fifth  ward,  and  hold  the 
proceeds  of  such  sale  in  trust  for  said  ward  for  the  purposes  here- 
inafter described. 

Section  2.     Whenever  the  city  of  Milwaukee  shall  have  sold    Aldermen  to  select 
and  conveyed  the  property  described  in  the  first  section  of  this     public  park  or 
act,  as  provided  in  said  section,  it  shall  be  the  duty  of  the  alder-      market, 
men  of  said  fifth  ward,  or  of  a  majority  of  them  as  soon  as  practic- 
able after  such  sale,  to  proceed  to  select  a  suitable  site  for  a  public 
park  or  market  in  said  ward,  and  as  far  as  practicable  to  contract 
for  the  necessary  land  for  such  park  or  market,   at  a  price  not 
greater  than  the  aggregate  proceeds  of  the  sale  provided  for  in 
section  first  of  this  act;  and  when  said  aldermen  or  a  majority  of 
them  shall  have  selected  said  site  and  contract  for  the  necessary 
land  for  said  park  or  market,  or  otherwise  ascertained  the  conditions 
upon  which  said  lands  may  be  obtained  as  hereinbefore  provided, 


CHAP. 

6 


MILWAUKEE   CITY   CHARTER. 


104 


Authority  of  council 
and  aldermen  of 
Fifth  ward. 


Condemning  lands. 


Liability  of  city. 


Donation  required. 


Amendment. 


they  shall  file  with  the  proper  officers  of  said  city  a  description  of 
the  site  so  selected  and  of  said  lands  with  a  statement  of  the  prob- 
able price  at  which  said  land  can  be  obtained,  whereupon  said  city 
of  Milwaukee  may  purchase  and  hold  in  trust  for  the  use  of  said 
ward  for  a  public  park  or  market  in  said  ward,  all  of  the  said  lands 
so  selected  and  described. 

Section  3.  No  such  purchase  shall  be  made  until  the  same 
shall  have  been  ordered  by  the  common  council  of  said  city 
by  resolution  adopted  by  an  affirmative  vote  of  a  majority  of  the 
members  of  such  council  and  a  majority  of  the  aldermen  of  said 
ward,  specifying  the  land  to  be  purchased,  the  maximum  price  to 
be  paid  therefor  and  the  terms  of  payment. 

Section  4.  In  case  it  shall  be  deemed  necessary  to  condemn 
any  portion  of  the  land  selected  by  said  aldermen  as  a  site  for  said 
park  or  market,  it  shall  be  the  duty  of  said  city  to  proceed  to  con- 
demn the  same  in  the  same  manner  that  said  city  is  otherwise 
authorized  to  condemn  lands  for  public  use;  and  in  case  such 
condemnation  is  made,  all  amounts  assessed  to  said  city  for  payment 
in  consequence  of  the  taking  of  such  lands  for  such  park  or  market 
shall  be  paid  from  the  proceeds  of  the  sale  provided  for  in  the  first 
section  of  this  act. 

Section  5.  Nothing  in  this  act  shall  be  construed  to  authorize 
the  city  to  sell  any  buildings  belonging  exclusively  to  said  city 
and  situated  in  said  block;  nor  shall  said  city  be  held  liable  for  the 
cost  of  the  land  taken  or  purchased,  or  for  the  improvement  of  said 
park  or  market  in  any  manner  except  as  provided  in  this  act,  pro- 
vided that  the  city  of  Milwaukee  may  receive  donations  for  the 
purchase  or  improvement  of  said  park  or  market  in  addition  to  the 
proceeds  of  the  sale  provided  for  in  the  first  section  of  this  act;  but 
no  part  of  the  proceeds  of  such  sale  shall  be  applied  to  the  purchase 
or  establishment  of  a  market  until  suitable  buildings  and  other 
improvements  therefor  of  a  total  value  of  at  least  ten  thousand 
dollars,  shall  have  been  previously  provided  for  by  donation  and 
without  cost  to  said  city  or  ward. 

Section  6.  This  act  is  hereby  declared  to  be  an  amendment  to 
the  charter  of  said  city  and  all  acts  and  parts  of  acts  contravening 
the  provisions  of  this  act  are  hereby  repealed. 


CHAPTER  488,  LAWS  OF  1889. 

AN  ACT  to  establish  a  system  of  public  parks  within  the  cit^-  of 
Milwaukee,  and  to  provide  for  the  purchase,  payment  and 
government  thereof. 

City  may  issue  Section  1.     The  common  council  of  the  city  of  Milwaukee,  is 

$1 00,000  park       hereby  authorized  to  provide  by  ordinance  for  the  issue  of  corporate 
bonds.  bonds  of  said  city  in  amount  not  exceeding  one  hundred  thousand 

dollars.  Said  bonds  shall  be  payable  in  not  more  than  twenty 
years  after  the  date  of  said  issue,  and  shall  bear  interest  not 
exceeding  the  rate  of  five  per  cent,  per  annum.  Said  bonds  shall 
be  known  as  and  called  park  lands  [bonds]  and  shall  be  issued  exclu- 


105 


MILWAUKEE    CITY   CHARTER. 


CHAP. 

6 


sively  to  provide  funds  for  establishing  and  maintaining  parks 
within  the  city  of  Milwaukee,  embracing  one  or  more  parks  north 
of  North  avenue,  in  said  city,  and  one  or  more  parks  on  the  south 
side  of  the  Milwaukee  river,  in  said  city.  But  it  shall  not  be  lawful 
to  expend  more  than  one-half  of  said  proceeds  from  the  sale  of  said 
bonds  upon  the  park  or  parks  within  either  of  said  divisions. 

Section  2.  All  bonds  issued  under  the  provisions  of  this  act 
shall  be  signed  by  the  mayor  and  clerk  of  said  city,  counter- 
signed by  the  comptroller  of  said  city,  attested  by  the  commis- 
sioners of  public  debt  of  said  city,  sealed  with  the  corporate  seal 
of  said  city,  made  payable  in  lawful  money  of  the  United  States  of 
America  in  the  city  of  Milwaukee  or  New  York,  and  shall  each 
be  for  the  principal  sum  of  one  thousand  dollars,  or  five  hundred 
dollars,  or  one  hundred  dollars,  and  shall  have  attached  thereto 
interest  coupons  or  warrants  for  the  semi-annual  payment  of 
interest  thereon,  and  such  bonds  and  coupons  shall  be  numbered 
in  the  form  and  manner  to  be  designated  by  said  comptroller. 

Section  3.  Bonds  issued  under  the  provisions  of  this  act  shall 
be  issued  from  time  to  time,  in  such  amounts  as  the  common 
•council  of  said  city  may  determine  upon;  said  bonds,  when  issued 
and  properly  signed  and  sealed,  shall  be  delivered  to  the  commis- 
sioners of  public  debt  of  said  city,  and  by  that  body  disposed  of, 
the  proceeds  arising  therefrom  to  be  paid  into  the  treasury  of  said. 
<:ity,  and  such  proceeds  shall  constitute  a  separate  and  distinct  fund, 
to  be  exclusively  applied  for  the  purposes  specified  in  the  first 
section  of  this  act.  Provided,  that  nothing  in  this  act  contained 
shall  be  construed  as  authorizing  said  common  council  to  issue 
bonds  in  excess  of  the  limitation  prescribed  in  Section  6,  of  Chapter 
11,  of  the  charter  of  said  city,  and  the  acts  amendatory  thereof. 

Section  4.  The  office  of  commissioners  of  public  debt  of  said 
city  shall  not  be  abolished  while  any  of  the  bonds  issued  under  the 
provisions  of  this  act  remain  outstanding  and  unpaid. 

Section  5.  The  provisions  of  sections  2,  6,  7,  8,  9,  10,  11  and 
17,  Chapter  87,  of  the  laws  of  1861,  applicable  and  not  inc6n- 
sistent  with  the  provisions  of  this  act,  shall  apply  to  bonds  issued 
under  the  provisions  of  this  act,  and  such  sections,  if  not  incon- 
sistent, are  incorporated  as  a  part  of  this  act.  The  true  intent  and 
meaning  of  this  act  is  to  provide  for  the  present  issue  of  bonds  in 
the  same  manner  as  bonds  issued  under  the  provisions  of  that 
act  are  provided  for. 

Section  6.  The  common  council  of  said  city  shall  annually 
cause  a  tax  to  be  levied  upon  all  taxable  property  in  said  city, 
both  personal  and  real,  for  the  payment  of  the  annual  interest 
on  all  unpaid  bonds  issued  under  the  provisions  of  this  act,  and 
for  twenty  years  before  the  principal  of  said  bonds  becomes  due, 
the  said  common  council  shall  annually  cause  a  tax  to  be  levied 
upon  all  taxable  property,  in  said  city,  both  personal  and  real, 
€qual  in  amount  to  five  per  cent,  of  all  bonds  issued  under  the 
provisions  of  this  act,  for  a  sinking  fund  to  redeem  such  bonds 
as  the  said  commissioners  of  public  debt  direct  to  be  cancelled. 


How  issued. 


To  be  disposed  of 
by  commissioners 
of  public  debt 


Office  not  to  be 
abolished. 


Certain  provisions 
of  ciiapter  87, 
laws  of  1861,  to 
apply. 


Tax  levy. 


CHAP. 

6 

When  to  cancel. 


How  cancelled. 


Not  to  be  sold  for 
less  than  par. 


Mayor  to   appoint 
park  commis- 
sioners. 


MILWAUKEE   CITY    CHARTER. 


106 


Duties. 


Provisions  of 
chapter  6  of 
chapter  1 84,  laws 
1874,  relating  to 
acquiring  of 
lands  by  purchase 
or  lease  to  apply. 


Section  7.  As  soon  as  a  sinking  fund  shall  have  been  collected 
and  set  aside,  the  said  commissioners  of  public  debt  shall  pro- 
ceed to  cancel  bonds  in  amount  equal  to  the  sinking  fund  so 
provided. 

Section  8.  All  bonds  directed  to  be  paid  by  said  commis- 
sioners of  public  debt  shall  be,  when  paid,  stamped,  "  cancelled  " 
and  when  so  stamped  shall  be  delivered  to  the  common  council  of 
said  city,  and  by  that  body  publicly  declared  cancelled. 

Section  9.  The  commissioners  of  public  debt  of  said  city  are 
hereby  prohibited  from  selling  or  otherwise  disposing  of  any 
such  bonds  at  a  less  valuation  than  par,  that  is  to  say,  at  less  than 
the  principal  of  said  bonds,  together  with  the  accrued  interest 
thereon. 

Section  10.  It  shall  be  the  duty  of  the  mayor  of  the  city  of 
Milwaukee  on  or  before  the  first  day  of  June,  1889,  to  appoint, 
subject  to  the  approval  of  the  common  council  as  in  the  case 
of  the  appointment  of  other  officers,  five  commissioners  who 
shall  constitute  a  board  of  park  commisioners.  Said  com- 
missioners shall  be  chosen  from  the  freeholders  of  said 
city,  and  the  mayor  shall  nominate  the  chairman  of  said 
board  and  designate  the  length  of  the  term  of  each  commis- 
sioner, one  being  appointed  for  one  year,  one  for  two  years,  one 
for  three  years,  one  for  four  years  and  one  for  five  years,  and  the 
mayor  shall  in  like  manner  each  year  appoint  a  new  commissioner 
who  shall  hold  for  five  years.  In  the  case  of  vacancy  the  mayor 
shall  appoint  a  commsssioner  for  the  unexpired  term.  Each  of 
said  commissioners  before  entering  upon  the  duties  of  his  office 
shall  take  an  oath  to  well  and  truly  discharge  the  duties  of  his 
office,  which  oath  shall  be  reduced  to  writing,  subscribed  by  him 
and  filed  in  the  office  of  the  city  clerk.  All  lands  acquired  by 
said  city  of  Milwaukee  under  the  provisions  of  this  act  shall  be 
held,  managed  and  controlled  by  said  board  of  park  commissioners 
as  a  public  park  or  parks  for  the  recreation,  health  and  benefit  of 
the  public  and  free  to  all  persons,  subject  to  such  necessary  rules 
and  regulations  as  shall  be  from  time  to  time  adopted  by  said  board 
of  park  commissioners  for  the  well  ordering  and  government  of 
the  same.  The  commissioners  appointed  under  this  section  shall 
receive  no  salary. 

Section  11.  The  provisions  of  chapter  6,  of  chapter  184,  of 
the  laws  of  1874,  being  the  charter  of  the  city  of  Milwaukee,  and 
the  several  acts  amendatory  thereof,  are  hereby  so  amended  and 
enlarged  as  to  authorize  said  city  through  said  board  of  park 
commissioners,  to  take  and  acquire  by  purchase,  or  by  lease  with 
the  privilege  to  purchase,  by  agreement  with  the  owner,  in 
addition  to,  or  in  place  of  the  lands  to  be  paid  for  from  the 
proceeds  of  said  bonds,  lands  and  property  for  the  purpose  of 
establishing  the  parks  herein  provided. 


May  condemn  Section  12.     In  case  said  city  through  said  board  of  park  com- 

lands  when  missioners  cannot  agree  with  the  owner  or  owners  of  any  of  the 

agreement  can-  land  required  for  said  parks  on  the  terms  of  purchase,  it  is  hereby 

not  be  had.  authorized  to  condemn  and  take  the  same  in  the  manner  required 


May  be  on  credit. 


107  MILWAUKEE   CITY    CHARTER.  CHAP. 

6 

by  law  to  enable  said  city  to  take  and  condemn  lands  for  the 
purpose  of  laying  out  streets,  alleys,  public  squares,  and  grounds; 
provided,  that  for  the  purposes  contemplated  by  this  act  it  shall 
not  be  necessary  to  have  any  petition  of  freeholders  or  bond;  but 
the  common  council  shall,  by  resolution  adopted  by  an  affirmative 
vote  of  a  majority  of  the  aldermen  elect,  direct  proceedings  to  be 
had  for  such  purpose,  and  hereafter  the  proceedings  shall  be  in  all 
respects  as  provided  by  law,  for  the  taking  of  property  for  public 
use  as  a  street  without  petition  or  bond. 

Section  13.  No  such  purchase  or  lease  shall  be  made  until  yui,--  _„_  u_- 
the  same  shall  have  been  ordered  by  the  common  council  of  said  Qp  \^^q  i^av  be 
city,  by  resolution  adopted  by  an  affirmative  vote  of  a  majority  of  made. 
the  aldermen  elect,  specifying  the  land  to  be  purchased,  the 
maximum  price  to  be  paid  therefor  and  the  terms  of  payment  or 
the  terms  of  option  in  case  of  lease  by  the  city  with  the  privilege 
of  purchasing.  Any  such  purchase  may  be  made  in  whole  or  part 
on  credit  and  for  that  purpose  the  proper  officers  of  said  city  may 
execute  and  deliver  to  the  vendor  of  such  land  or  property  pur- 
chased, an  instrument  creating  a  lien  thereon  and  any  improve- 
ments thereon,  for  such  purchase  money,  without  creating  any 
corporate  liabilities  therefor,  to  secure  the  whole  or  any  part  of 
the  price  in  installments,  extending  not  more  than  ten  years  from 
the  date  of  such  purchase,  which  intallments  may  bear  interest  at 
such  rates  as  shall  be  agreed  on,  not  exceeding  seven  per  cent, 
per  annum. 


CHAPTER    179,   LAWS    OF    1891. 

AN  ACT  to  define  the  powers  and  duties  of  the  park  commis- 
sioners, and  establish  a  fund  for  the  maintenance  of  parks  and 
boulevards  by  the  city  of  Milwaukee. 

Section  1.     All  lands  acquired  by  the  city  of  Milwaukee  under    p    .  .    . 

the  provisions  of  Chapter  488,  of  the  laws  of  1889,  and  all  lands     gpg  jq  i^^^g  ^q^. 
that  shall  hereafter  be  acquired  by  said  city  for  the  purpose  of     trol  of  parks  and 
public  parks  and  boulevards,  shall  be  named  and  controlled  by     boulevards, 
said  board  of  park  commissioners  and  public  parks  and  boulevards, 
for  the  recreation,  health  and  benefit  of  the  public,  and  shall  be 
free  to  all  persons  subject  to  such  necessary  rules  and  regulations 
as  shall  be  from  time  to  time,  adopted  by  said  board  of  park  com- 
missioners for  the  well-ordering  and  government  thereof. 


Section  2.  The  said  board  shall  have  the  full  and  exclusive 
power  to  govern,  manage,  control  and  improve  said  parks  and  boule- 
vards, and  to  lay  out  and  make  rules  for  the  regulation  and  govern- 
ment thereof;  to  restrict  traffic  and  prohibit  heavy  teaming  thereon; 
to  appoint  such  engineers,  surveyors,  clerks  and  such  other  officers 
as  may  be  necessary  for  the  proper  care  and  management  thereof, 
and  the  proper  preservation  of  order  therein,  including  special 
police,  who  are  hereby  granted  the  powers  now  granted  to  the 
police  of  the  city  of  Milwaukee;  and  to  define  and  prescribe  their 
respective  duties  and  authorities;  to  fix  the  amount  of  the  compen- 
sation of  all  such  officers  and  employees;  and  generally  in  regard 
to  said  parks   and   boulevards,  the   said   board   of  park    conimis- 


Same. 


CHAP. 

6 


MILWAUKEE   CITY    CHARTER. 


108 


Board  to  elect  a 
secretary;  his 
salary  and  bond. 


Board  may  estab- 
lish building  lines. 


Board  to  make 
report  to  common 
council. 


Common  council  to 
provide  by  taxa- 
tion a  park  and 
boulevard  fund. 


sioners  shall  have  and  possess  all  powers  and  authority  now  by 
law  conferred  upon  or  possessed  by  the  common  council  and  board 
of  public  works  of  the  city  of  Milwaukee,  in  respect  to  the  public 
squares  and  places  in  said  city. 

Section  3.  The  said  board  of  park  commissioners  of  the  city 
of  Milwaukee  shall,  at  their  first  meeting  after  the  third  Tuesday 
in  April  of  each  year  elect  a  secretary,  not  a  member  of  the  board, 
and  said  commissioners  may  fix  the  salary  of  said  secretary  at  a 
sum  not  exceeding  the  sum  of  $1,500  per  year.  It  shall  be  the 
duty  of  said  board  to  require  a  bond  with  satisfactory  sureties 
from  their  secretar>%  conditioned  in  an  amount  to  be  fixed  by 
said  board,  for  the  faithful  performance  of  his  duties,  and  it  shall 
not  be  lawful  for  the  said  secretary  to  receive  any  compensation 
for  his  services  until  he  has  filed  such  bond  with  the  city  clerk  of 
the  city  of  Milwaukee,  with  the  approval  of  the  city  attorney  as 
to  the  form  and  execution  of  said  bond  endorsed  thereon.  Each  of 
the  sureties  shall  make  affidavit  that  he  is  worth  the  sum  named 
in  the  penalty  of  the  bond  in  property  liable  to  execution  in  the 
State  of  Wisconsin  over  and  above  all  debts,  liabilities  and  ex- 
emptions; bond  and  sureties  to  be  approved  by  a  majority  of  said 
board  of  park  commissioners. 

Section  4.  The  said  board  shall  have  power  to  establish  build- 
ing lines  for  the  purpose  of  regulating  the  erection  of  buildings 
upon  property  fronting  upon  any  of  said  parks  or  boulevards. 

Section  5.  It  shall  be  the  duty  of  the  board  of  park  commis- 
sioners within  ten  days  after  the  appointment  of  any  salaried 
employee,  to  report  to  and  file  with  the  city  comptroller  the  name 
of  the  person  so  appointed,  with  the  amount  of  salary  allowed, 
and  the  time  or  times  fixed  for  the  payment  thereof.  All  claims 
and  demands  against  the  city,  before  they  are  allowed  b}-  the  said 
board  of  park  commissioners,  shall  be  audited  and  adjusted  by  the 
comptroller,  and  immediately  after  their  allowance  by  said  board 
of  park  commissioners,  they  shall  furnish  the  said  comptroller 
with  a  list  of  all  accounts  or  bills  which  have  been  allowed  by 
said  board,  stating  the  character  of  the  materials  furnished  or 
services  rendered,  and  for  which  such  allowance  was  made.  It  shall 
be  the  duty  of  said  board  to  transmit  to  the  common  council  of  said 
city,  at  its  first  regular  meeting  in  April  in  each  year,  a  full  and 
detailed  report  of  all  transactions  of  said  board  of  park  commis- 
sioners for  the  preceding  }'ear,  together  with  an  itemized  account 
of  all  expenditures,  a  list  of  employees,  and  an  inventor}'  of  prop- 
erty, and  purchase  price  thereof,  which  may  be,  at  the  time  of 
making  such  report,  under  the  control  of  said  board. 

Section  6.  The  common  council  shall  include  in  the  tax  levy 
of  1891,  and  annually  thereafter,  upon  all  taxable  property  of  the 
said  city,  at  the  same  time  and  in  the  same  manner  as  other  city 
taxes  are  levied  and  collected  by  law,  a  special  tax  not  exceeding 
one  half  of  a  mill  upon  each  dollar  of  the  assessed  value  of  said 
taxable  property,  the  amount  of  which  tax  shall  be  determined 
by  said  board  of  park  commissioners,  and  certified  to  the  conmion 
council  and  to  the  city  comptroller  at  the  time  of  making  their 
annual    report   to   said   council;    and  the  entire  amount  of  such 


109 


MILWAUKEE   CITY    CHARTER. 


CHAP. 

6 


special  tax  shall  be  collected,  paid  into,  and  held  in  the  city 
treasury  as  a  separate  and  distinct  fund,  to  be  known  as  the  "  Park 
and  Boulevard  Fund  "  and  shall  not  be  used  or  appropriated, 
directly  or  indirectly,  for  any  other  purpose  than  for  the  improve- 
ment, maintenance,  and  control  of  the  public  parks  and 
boulevards,  and  for  the  payment  ot  the  salaries  of  the  employees 
and  other  proper  expenses  of  said  board. 

Section  7.  All  moneys  received  or  raised  in  the  city  of  Mil- 
waukee for  parks  and  boulevards,  under  the  control  of  said  park 
commissioners,  shall  be  paid  over  to  the  city  treasurer,  and  shall 
be  disbursed  according  to  resolution  of  the  board  of  park  commis- 
sioners authorizing  the  payment  of  bills  and  accounts  after  the 
same  have  been  audited  and  ordered  by  the  board  and  orders 
directed  to  be  issued  therefor,  which  shall  be  signed  by  the 
president  and  secretary  of  said  board;  but  before  the  city  treasurer 
pays  such  orders  the  resolution  of  the  board,  and  the  accounts  and 
bills  shall  be  presented  to  the  comptroller  and  audited  by  him, 
and  thereupon  the  order  shall  be  countersigned  by  him.  Such 
orders  shall  be  made  payable  to  the  order  of  the  persons  in  whose 
favor  they  shall  have  been  issued,  and  shall  be  the  only  vouchers 
of  the  said  treasurer  for  his  payment  from  the  park  fund.  All 
moneys  heretofore  paid  into  the  city  treasury  for  park  or  boule- 
vard purposes,  and  not  used  for  the  purchase  of  real  property,  shall 
be  credited  to  the  park  and  boulevard  fund  hereby  created,  and  shall 
be  disbursed  upon  the  orders  of  the  president  and  secretary  of  the 
board  of  park  commissioners  as  herein  provided.  It  shall  not  be 
lawful  for  the  board  of  park  commissioners  to  expend  or  contract 
a  liability  for  any  sum  in  excess  of  the  amount  levied  in  any  one 
year  for  the  park  fund  on  account  of  such  fund. 

Section  8.  Said  board  of  park  commissioners  is  hereby 
authorized  to  contract  for  the  purchase  of  lands  within  the  county 
of  Milwaukee  for  the  city  of  Milwaukee,  for  park  or  boulevard 
purposes,  and  to  lease  lands  therein  for  such  purposes  with  the 
privilege  of  purchasing  the  same,  but  no  such  lease  or  purchase 
shall  be  made  until  the  same  shall  have  been  ordered  by  the  com- 
mon council  of  said  city,  by  resolution  adopted  by  an  affirmative 
vote  of  a  majority  of  the  aldermen  elect,  specifying  the  land  to  be 
purchased,  the  maxiiLum  price  to  be  paid  therefor  and  the  terms 
of  payment,  or  the  terms  of  option  in  case  of  lease  by  the  city 
with  the  privilege  of  purchasing.  Any  such  purchase  may  be 
made  in  whole  or  part  on  credit;  and  for  that  purpose  the  proper 
officers  of  said  city  may  execute  and  deliver  to  the  vendor  of  such 
land,  or  property  purchased,  an  instrument  creating  a  lien  thereon 
and  on  the  improvements  thereon,  for  such  purchase  money, 
without  creating  any  corporate  liabilities  therefor,  to  secure  the 
whole  or  any  part  of  the  price  in  one  payment,  or  by  installments 
extending  not  more  than  twenty  years  from  the  date  of  such 
purchase,  which  installments  may  bear  interest  at  such  rates  as 
shall  be  agreed  on,  not  exceeding  seven  per  centum  per  annum. 
The  interest  upon,  and  annual  installments  of  such  purchase, 
heretofore  or  hereafter  made,  shall  be  included  by  the  common 
council  in  its  annual  estimate  of  expenses. 


Park  and  boule- 
vard fund,  how 
disbursed. 


Powers  of  board  as 
to  purchase  and 
lease  of  lands. 


CHAP. 

6 


Shall  purchase 
land. 


MILWAUKEE   CITY    CHARTER. 


CHAPTEB    231,    LAAVS    OF     1889. 


110 


Provide  for 
payment. 


Section  1.  It  is  hereby  made  the  duty  of  the  common  council 
of  the  city  of  Milwaukee  and  the  officers  of  said  city,  immediately 
upon  the  passage  and  publication  of  this  act,  to  acquire  by 
dedication,  purchase  or  condemnation,  the  fee  simple  of  a  strip 
of  land  extending  from  the  intersection  of  Eleventh  avenue 
with  Pierce  street  in  said  city,  in  a  northerly  direction  to  the 
intersection  of  Sixteenth  and  Fowler  streets  in  said  city,  and  to 
be  seventy  feet  wide  and  of  uniform  width.  And  it  is 
hereby  made  the  duty  of  the  city  engineer  of  said  city, 
immediately  upon  the  passage  and  publication  of  this  act, 
to  cause  a  survey  of  the  same  to  be  made,  and  to  file  said  survey 
in  the  office  of  the  board  of  public  works  of  said  city,  and  he  shall 
also  file  therewith  a  description  of  the  several  parcels  of  land  con- 
tained therein,  and  also  a  map  or  plat  thereof,  showing  the  loca- 
tion of  the  same.  It  is  hereb}'  made  the  duty  of  the  board  of 
public  works  of  said  city  of  Milwaukee,  immediately  upon  the  filing 
of  the  said  plat  and  description  of  said  strip  of  land  and  said  survey, 
to  ascertain  if  the  same  or  any  part  thereof  can  be  acquired  from 
the  owners  thereof,  by  dedication  without  compensation  and  to 
report  thereon  to  the  common  council  without  delay,  and  it  is 
made  the  further  duty  of  said  board  of  public  works  to  there- 
upon enter  into  negotiations  with  the  several  owners  of  the  lands 
to  be  acquired,  for  the  purchase  of  the  fee  simple  thereof,  and  the 
said  board  is  hereby  authorized  and  empowered  to  purchase 
without  any  delay,  from  the  owners  thereof,  the  fee  simple  of 
all  the  lands  described  in  said  survey,  which  cannot  be  acquired 
by  gift,  and  to  issue  bills  therefor  against  the  city  of  Milwaukee, 
which  shall  be  paid  as  are  other  claims  against  said  city,  out  of 
the  general  city  fund  thereof.  And  it  is  hereby  made  the  duty 
of  the  common  council  and  the  proper  city  officers  to  provide 
for  the  payment  of  the  amounts  necessary  for  such  purpose  and 
agreed  upon  by  the  said  board  of  public  works.  It  is  hereby 
made  the  duty  of  the  said  board  of  public  works,  within  sixty 
days  after  the  filing  of  said  survey  and  plat,  to  report  to  the 
common  council  a  list  of  all  the  lands  set  off  in  said  survey  and 
plat,  which  they  have  been  unable  to  purchase  or  acquire  by 
gift.  And  the  common  council  shall  thereupon  proceed  to 
acquire  the  fee  of  the  several  parcels  described  in  the  return  of 
the  said  board  of  public  works,  by  condemnation,  and  shall 
proceed  in  that  behalf  as  provided  in  the  charter  of  said  city 
for  the  taking  of  lands  for  the  public  use,  without  petition, 
excepting  that  such  proceedings  shall  be  to  acquire  the  fee 
simple  of  said  parcels  of  land  and  not  the  use  thereof.  And 
further  provided,  that  there  shall  be  no  assessment  of  benefits, 
and  that  the  award  of  damages  in  all  cases  shall  be  paid  out  of  the 
general  city  fund.  And  further  provided,  that  whenever  the 
common  council  shall  have  confirmed  the  assessment  of  damages 
in  said  condemnation  proceeding  and  shall  have  advertised  for  six 
days  in  the  official  newspapers  of  said  city,  that  the  amount  of 
damages  awarded  to  the  owners  of  said  lands  respectively  has  been 
provided  in  the  hands  of  the  city  treasurer,  and  is  ready  to  be  paid 
over  to  such  several  owners,  the  said  city  of  Milwaukee  shall  have 
full  power  and  authority  to  enter  upon  and  appropriate  the  prop- 


Ill  MILWAUKEE   CITY   CHARTER.  CHAP. 

6 

erty  so  taken  and  condemned,  and  tht  same  shall  thereafter  be 
subject  to  the  provisions  of  this  act  and  to  all  the  laws  and  ordin- 
ances of  the  city  of  Milwaukee  applicable  thereto.  And  further 
provided,  that  if  any  person  shall  appeal  from  said  assessment 
of  damages  in  the  manner  provided  by  said  charter,  that  such 
appeal  shall  not  prevent  the  city  of  Milwaukee  from  entering  upon 
possession  of  said  lands  as  hereinbefore  provided,  and  the  owners 
of  said  lands  so  appealing  may  receive  and  accept  the  amount  so 
awarded  to  them  without  any  prejudice  whatever  to  said  appeal, 
and  if  a  greater  sum  than  the  amount  awarded  shall  be  recovered 
in  any  case,  the  same  with  costs  shall  be  paid  out  of  the  general 
city  fund  of  said  city  as  other  judgments  against  the  said  city  are 
paid.  In  all  other  respects  said  proceedings  shall  be  governed  by 
the  provisions  of  said  charter  relating  to  the  taking  of  lands  for 
public  use. 

Section  2.     The   said   city  of  Milwaukee  is    authorized    and    Emoowered  to 
empowered  to  use  the  lands  so  acquired  for  all  public  purposes  of     improve  such 
whatever  kind,  and  may  construct,   erect  and   maintain   thereon      land. 
any  public  bridge  or  bridges,  viaducts,  abutments,  piers  or  other 
thing,  and  to  improve  the  same  or  any  portion  thereof  as  a  public 
street  or  walk,  and  to  construct  therein  any  sewer,  watermain,  and 
for  all  other  public  purposes  or  uses,  as  the   common   council  of 
said  city  of  Milwaukee  may,  from  time  to  time,  prescribe. 

Section  3.     All  acts  and  parts  of  acts  in  conflict  with  the  pro-    Ronealed 
visions  of  this  act  are  hereby  modified,  superseded  or  repealed  to 
the  extent  that  the  true  meaning  of  this  act  may  be  carried  into 
effect. 

CHAPTER  166,  LAWS  OF  1893. 

AN  ACT  to  amend  section  18,  of  Chapter  392,  of  the  laws  of  Wis- 
consin for  the  year  1856,  entitled  "An  act  to  incorporate  the 
Milwaukee  and  Northern  Plank  Road  Company." 

Section  1.     Section  18,  of  Chapter  392,  of  the  laws  of  Wis-   y|^j,g„  corporate 
consin  for  the  year  1856,  is  hereby  amended   by  striking  out  all      limits  extended, 
of  said  section  after  the  word  figures  "  Section  18,"  and  inserting     toll  gates  to  be 
in  lieu  thereof  the  following:     In  case  of  an  extension  of  the  cor-      removed. 
porate  limits  of  the  city  of  Milwaukee  beyond   such   points   and 
places  where  toll  gates  are  erected,  in  such  cases  toll  gates  are  to 
be  removed  beyond  the   limits  of  the   city  of  Milwaukee,    the 
distance  of  one-half  of  one  mile,  and  in  case  said  company  fails  and 
neglects  to  remove  such  toll  gates,  such  toll  gates  shall  be  thrown 
open  upon  complaint  by  any  person  being  made  in  writing,in  man- 
ner provided  by  sections  19  and  20,  of  this  chapter,  and  remain  open 
until  such  removal. 


CHAPTER  192,  LAWS  OF  1893. 

AN  ACT  to  amend  Section  1780  of  the  Revised  Statutes,  as 
amended  by  Chapter  211,  of  the  laws  of  1879,  relating  to  electric 
light  companies. 

Section  1.     Section  1780,  of  the  Revised  Statutes,  as  amended 
by  Chapter  211,  of  the  laws  of  1879,  is  hereby  amended  by  adding 


CHAP. 

6 

Electric  light  cor- 
porations may 
use  streets  and 
alleys,  when. 


MILWAUKEE   CITY    CHARTER. 


112 


thereto  as  follows,  to-wit:  Any  corporation  heretofore  or  here- 
after organized  for  the  purpose  of  furnishing  heat,  light,  power  or 
signals  by  electricity,  is  hereby  authorized,  with  the  consent  of,  and 
in  the  manner  agreed  upon  with  the  proper  authorities  of  any  city 
or  village,  to  use  any  street,  alley,  lane,  park  or  public  grounds  for 
constructing  and  maintaining  and  operating  its  lines  with  all 
necessary  wires,  conduits  and  appurtenances  for  the  purpose  of 
supplying  light,  heat,  power  or  signals  to  such  city  or  village,  or 
to  any  building,  manufactory,  industry  or  public  or  private  house 
therein;  provided,  no  permanent  injury  shall  be  done  to  such 
street,  alley,  lane,  park  or  public  grounds.  The  provisions  of  this 
section  shall  apply  to  any  corporation  heretofore  organized  and 
now  operating  an  electric  light  plant  by  the  consent  of  the 
authorities  of  any  city  or  village. 


Court  may  appoint 
jurors  to  fill 
vacancies. 


When  any  juror 
absent,  those 
present  may  ad- 
journ for  not  over 
twenty  days. 


CHAPTEB  198,  LAWS  OF  1895. 

AN  ACT  to  provide  for  the  appointment  of  jurors  to  be  sworn  and 
serve  as  a  jury  to  view  lands  in  cities  operating  under  special 
charters. 

Section  1.  Whenever  in  any  city  incorporated  by  and  oper- 
ating under  a  special  charter  granted  by  the  Legislature  of  this 
state,  the  requisite  number  of  jurors  shall  have  been  summoned  to 
appear  before  any  court  or  judge,  to  be  sworn  and  serve  as  a  jury 
to  view  lands  for  the  purpose  of  determining  the  necessity  of  tak- 
ing any  lands  for  public  use,  or  vacating  any  highways,  streets, 
alleys  or  public  walks,  and  shall  have  appeared  before  said  court 
or  judge  for  the  purpose  of  taking  an  oath  or  affirmation  in  the 
matter  of  such  taking  or  vacating,  and  any  of  the  jurors  summoned 
shall  fail  to  attend  or  shall  be  excused  by  the  court  or  judge,  the 
court  or  judge  shall  thereupon  forthwith  name  and  appoint  the 
requisite  number  of  other  duly  qualified  jurors  to  serve  upon  said 
jury  in  the  place  of  such  jurors  so  excused,  or  failing  to  attend. 
Any  juror  so  named  and  appointed  may  be  examined  by  any  per- 
son interested  in  such  taking  or  vacating,  who  shall  be  present,  and 
if  it  shall  appear  to  the  court  or  judge  that  any  such  juror  or  jurors 
are  disqualified  to  act  in  the  matter,  he  or  they  shall  be  excused, 
and  a  requisite  number  of  other  jurors  shall  be  thereupon  named 
and  appointed  in  his  place  until  the  requisite  number  of  jurors 
shall  be  obtained,  and  the  said  jurors  shall  thereupon  before  they 
proceed  to  view  the  premises  proposed  to  be  taken  or  vacated, 
severally  take  and  subscribe  an  oath  or  affirmation  before  the 
court  or  judge  to  the  effect  that  they  will  faithfully  and  honestly 
discharge  the  duties  imposed  upon  them,  and  determine  whether 
or  not  it  is  necessary  to  take  or  vacate  the  premises  in  question 
for  the  public  use. 

Section  2.  Whenever  such  jurors  shall  have  met  in  any  duly 
authorized  manner  for  the  purpose  of  hearing  persons  interested  in 
such  taking  or  vacating,  and  any  such  juror  or  jurors  shall  be  absent 
at  the  time  set  for  such  hearing  and  for  one  hour  thereafter,  the 
jurors  present  shall  have  power  to  publicly  adjourn  their  proceed- 
ings to  the  same  place  for  a  period  not  exceeding  twenty  days,  and 
the  city  attorney  shall  report  the  names  of  such  absent  juror   or 


113  MILWAUKEE   CITY   CHARTER.  CHAP. 

6 

jurors  to  the  chief  of  police  or  to  any  of  the  police  officers  of  the  city, 

together  with  the  place  and  the   hour  to   which   such   jury   has 

adiourned,  and  the  said  chief  of  police  or  police  officer  shall  there-    _  ,.        „. 

,.;,,..  .  c       ^     A-  ^      A    Police  officer  to 

upon  notify  said  absent  juror  or  jurors  of  such  adjournment  and     notify  absent 

direct  them  to  be  present  at  the  time  and  place  fixed   by   such     jypop  of  such 

adjournment.  adjournment. 

Section  3.  All  acts  and  parts  of  acts  inconsistent  with  this  act, 
are  repealed,  in  so  far  as  they  interfere  with  this  act  and  no 
further. 

CHAPTER  142,  LAMTS  OF  1895. 

AN  ACT  to  amend  section  12,  of  chapter  307,  of  the  laws  of  1889, 
entitled  "An  act  to  authorize  towns,  villages  and  cities  to 
acquire  the  title  to  toll  roads." 

Skction  1.     Amend  section  12,  of  chapter  307,  of  the  laws  of 
1889,  by  adding  thereto  the  following:     "Provided,  the  sale  by 
any  toll  road  company  of  any  portion  of  its  toll  road  lying  within 
the  corporate  limits  of  any  city  or  village  shall  not  affect  its  charter 
rights,"  so  that  said  section,    when   so   amended,    shall   read   as 
follows:     Section    12.     Any  city    or    village    in    this   state    may    Qjjy  ^^^y  acquire 
acquire    the    title    to  that   part  of  a  toll  road  lying  within  its     title  to  toll  road 
limits,  for  the  purpose  of  making  the  same  a  public  highway,  by     lying  in  limits, 
purchase,  or  by  taking  the  same  by  condemnation  proceedings  in 
the  same  manner  that  each  may  be  authorized   to  take  land   of 
private  parties  for  the  purpose  of  laying  out  a  street;  provided,  the 
sale  by  any  toll  road  company  of  any  portion  of  its  toll  road  lying 
within  the  corporate  limits  of  any  city  or  village  shall  not  affect 
the  charter  rights  of  such  toll  road  company. 


CHAPTER  VII. 

CITY   IMPROVEMENTS   AND   SPECIAL   ASSESSMENTS. 

Section  1.  The  board  of  public  works  of  said  city  Annual  estimate  of 
shall,  with  the  concurrence  of  a  majority  of  the  alder-  ward  improve- 
men  of  the  several  wards,  by  the  first  of  May  of  each 
year  or  as  soon  as  practicable  thereafter,  determine  for 
each  ward  upon  a  general  system  of  improvements  for 
the  year  ensuing,  and  report  the  same  to  the  common 
council,  mentioning  in  said  report  the  most  necessary 
improvements  first,  and  the  others  in  the  order  of  their 
necessity;  and  after  the  same  shall  have  been  approved 
by  the  common  council,  the  said  system  shall  be  carried 
out,  and  not  materially  deviated  from  except  in  case  of 
necessity. 

Special  assessments  are  distinguished  from  other  impositions  in 
being  special  taxes  levied  upon  lots  to  pay  for  their  improvement, 
with  reference  to  the  special  benefits  they  derive  therefrom. 
Hale  vs.  Kenosha,  29  Wis.,  599. 


ment 


CHAP.  MILWAUKEE   CITY   CHARTER.  114 

7 

They  may  be  laid  for  improvements  of  streets  or  sidewalks  in 
front  of  such  lots. 

Weeks  vs.  Milwaukee,  10  Wis..  186. 
Ivumsden  vs.  Cross,  10  Wis.,  225. 

Also  to  build  breakwaters,    and  other  improvements  against 
encroachments  by  the  waves  of  Lake  Michigan. 
Soens  vs.  Racine,  10  Wis.,  214. 

Or  for  abating  a  nuisance  caused  by  water  standing  on  the  lots. 
Smith  vs.  Milwaukee,  18  Wis.,  69. 

Or  for  cleaning  streets. 

Cramer  vs.  Stone,  33  Wis.,  212. 

Or  for  improvements  on  water  highways. 

Johnson  vs.  Milwaukee,  40  Wis.,  315. 

It  is  essential  that  all  express  provisions  of  the  charter  be  com- 
plied with,  such  as  those  requiring  notice  to  lot  owners  or 
occupants  to  do  the  work  before  letting  the  contracts. 

Rogers  vs.  Milwaukee,  13  Wis.,  682. 

Johnston  vs.  Oshkosh,  21  Wis.,  186. 

And  those  requiring  the  making  and  filing  of  estimates. 
Myrick  vs.  I^a  Crosse,  17  Wis.,  456. 

And  those  requiring  the  making  and  filing  of  plans  and  specifi- 
cations before  advertising  for  proposals. 

Kneeland  vs.  Milwaukee,  18  Wis.,  431. 
Kneeland  vs.  Furlong,  20  Wis.,  460. 

An  assessment  of  lots  for  benefits  from  a  street  improvement 
cannot,  where  no  fraud  is  so  shown,  be  attacked  collaterally. 
Fass  vs.  Seehawer,  60  Wis.,  525. 

Repairing  of  Streets  Section  2.  The  grading,  graveling  and  planking, 
and  sidewallts.  macadamizing  or  paving  to  the  center  of  any  street  or 
alley,  and  the  grading,  graveling,  macadamizing,  plank- 
ing, paving,  sodding  and  curbing  of  any  sidewalk,  and 
the  paving  of  any  gutter,  shall  be  chargeable  to  and 
payable  by  the  lots  fronting  or  abutting  upon  such  street, 
alley  or  gutter,  or  fronting,  abutting,  or  adjacent  to  such 
sidewalk,  to  the  amount  which  such  grading,  graveling, 
macadamizing,  planking,  paving,  sodding  and  curbing 
shall   be   adjudged   by  said  board  to  benefit  such   lots. 

_  .      .       The  expense  of  all  such   improvements  or  work  across 

improvements,  streets  at  their  intersection  with  streets  and  alleys,  except- 
how  payable.  j^g  sidewalks,  and  the  expense  of  all  such  improvements 
or  work  across  public  grounds,  and  to  the  middle  of 
streets  and  alleys  adjacent  to  public  grounds,  and  the  con- 
struction of  all  crosswalks,  shall  be  paid  out  of  the  fund 


115  MILWAUKEE   CITY   CHARTER.  CHAP. 

7 

of  the  ward  in  which  such  improvements  are  made  or 
such  works  are  done.  After  a  street,  alley  or  gutter 
has  been  constructed  to  the  grade  established  by  the 
common  council,  and  graveled,  planked,  paved  or  mac- 
adamized in  compliance  with  the  order  of  the  proper  city 
authorities,  the  expense  of  maintaining,  renewing,  repay- 
ing, keeping  in  repair  and  cleaning  such  street,  alley  or 
gutter,  and  the  pavement  or  other  surface  thereof,  and  of 
any  other  subsequent  improvement  of  such  street,  alley 
or  gutter,  shall  be  paid  out  of  the  fund  of  the  ward  in  which 
such  work  is  done  or  such  improvement  is  made;  provided, 
however,  that  when  a  street  or  alley,  which  has  been 
graveled,  planked  or  macadamized,  is  ordered  to  be  paved, 
the  expense  of  such  paving  shall  be  chargeable  to  and 
payable  by  the  lots  fronting  or  abutting  upon  such  street 
or  alley  to  the  amount  which  such  paving  shall  be 
adjudged  by  said  board  to  benefit  such  lots  as  hereinbe- 
fore provided  for  the  improvement  of  a  street  or  alley; 
and  further  provided,  that  when  a  change  in  the  grade  of 
any  street  or  alley  shall  be  ordered,  the  expense  of  cut- 
ting or  filling  incurred  by  such  change  of  grade  shall  be 
chargeable  to  and  paid  by  the  lots  fronting  or  abutting  on 
the  street  or  alley  of  which  the  grade  shall  be  so  changed; 
and  provided  further,  that  the  provisions  of  this  section  in 
relation  to  the  maintaining,  renewing,  repaving,  keeping 
in  repair  and  cleaning  of  streets,  alleys  and  gutters  shall 
not  apply  to  the  laying,  relaying,  cleaning,  sodding, 
curbing,  repairing  or  grading  of  sidewalks. 

As  amended  by  Section  29,  Chapter  144,  Laws  of  1875,  and  fur- 
ther amended  by  Section  4,  Chapter  311,  Laws  of  1876,  and  Section 
5,  Chapter  388,  Laws  of  1889. 

The  tracks  and  right  of  way  of  a  railway  are  not  subject  to 
assessment  for  street  improvements. 

C.  M.  &  St.  P.  Ry.  Co.  vs.  Milwaukee,  89  Wis.,  506. 

Provisions  of  the  charter  providing  for  the  repairing  of  streets 
and  sidewalks  at  the  expense  of  adjoining  lots  are  not  appHcable 
to  the  repairs  which  by  law  railroad  companies  are  required 
to  make. 

Oconto  vs.  C.  &  N.  W.  Ry.  Co.,  44  Wis.,  231. 

Section  3.     The  construction  and  keeping  in  repair  Relating  to  docks 
of  the  docks  in  front  of  lots  or  parcels  of  land  along  the     along  rivers  and 
banks  of  rivers  and  public  navigable  canals  in  said  city,     canals, 
and  the  dredging  of  said  rivers  and  canals  to  a  width  of 
fifty  feet  from  their  dock  lines  towards  their  centers,  shall 


CHAP.  MILWAUKEE  CITY  CHARTER.  116 

7 

be  chargeable  to  and  payable  by  the  lots  or  parcels  of 
land  so  fronting;  and  after  a  river  or  public  navigable 
canal  in  the  city  of  Milwaukee  has  been  properly  docked 
comformably  to  specifications  on  file  in  the  office  of  the 
board  of  public  works  of  .said  city,  and  has  been  dredged 
to  a  depth  of  sixteen  feet  below  the  level  of  the  Milwau- 
kee river,  as  it  was  in  the  month  of  March,  1836,  and  to 
a  width  of  fifty  feet  from  its  dock  line,  towards  its  center, 
in  compliance  with  the  order  of  the  proper  city  authorities, 
and  at  the  expense  of  the  lots  or  parcels  of  land  abutting 
thereon,  and  has  been  duly  accepted  by  the  said  city 
engineer,  as  complying  with  the  above  requirements,  the 
expense  of  re-dredging  such  rivers  or  canals  to  a  width 
of  fifty  feet  from  such  dock  line  to  its  center,  shall  be 
charged  to,  and  paid  out  of  the  general  city  fund  of  said 
city  of  Milwaukee,  and  said  board  shall  have  the  same 
authority  over  said  rivers  and  canals,  and  lots  or  lands 
fronting  thereon,  as  they  have  over  streets  and  lots  or 
lands  fronting  thereon,  and  shall  be  governed  by  the  same 
rules  in  respect  thereto  as  in  cases  of  improvements  upon 
streets,  except  repairs  of  the  docks  in  front  of  lots  or 
parts  of  land  along  the  banks  of  rivers  and  navigable 
Repairs  to  be  a  canals  in  said  city,  which  expenses  shall  be  made  a  lien 
lien  upon  abutting  ^nd  charge  upon  the  lots  and  parcels  of  land  extending 
to  and  abutting  on  said  rivers  and  canals  respectively; 
provided,  that  dredging  chargeable  to  lots  and  lands 
fronting  on  said  rivers  and  canals  shall  be  ordered  and 
done  by  said  city  only  when  the  middle  portion  of  such 
rivers  and  canals  respectively  shall  have  been  dredged  or 
shall  be  dredged  at  the  same  time  by  the  city;  and  provided, 
further,  that  no  part  of  the  cost  of  construction  of  any  of 
the  public  navigable  canals  in  said  city  shall  be  charge- 
able to  said  city  or  to  any  ward  thereof,  but  the  whole 
cost  of  such  construction  shall  be  chargeable  exclusively 
to  the  lots  and  land  abutting  thereon. 

As  amended  by  Section  1,   Chapter  102,   Laws  of  1883,   and 
Chapter  180,  Laws  of  1891. 

«  .,         Section  4.     The  construction  of  the  public  navigable 

Common  council  ,    ^  ,      ^    , 

may  order  con-      canals  in  said  city,  including  the  canals,  water  channels, 

struction  of  and  slips,  laid  out  and  established  in  the  valley  of  the 

Menomonee  river   sha,ll  include   all    such    excavations, 

dredging  and  docking  as  the  common  council  shall  by 

ordinance  or  resolution  in  its  discretion  require,  to  make 

the  same  suitable  and  convenient  for  navigation.     The 


117  MILWAUKEE   CITY   CHARTER.  CHAP. 

7 

board  of  public  works  shall,  from  time  to  time,  with  the 
approval  of  the  common  council,  order  the  construction 
of  the  canals,  water  channels,  and  slips,  in  the  valley  of 
the  Menomonee  river,  and  shall  cause  the  same  to  be 
done  as  they  may  deem  necessary  for  the  public  interest, 
in  accordance  with  the  system  of  canals,  water  channel 
and  slips,  established  in  said  valley  pursuant  to  chapter 
ninety  one  of  the  local  laws  of  1869.  Whenever  they  Apportionment  of 
shall  order  any  portion  of  such  work  to  be  done,  like  pro-  costs.  ^ 
ceedings  shall  be  had  as  are  provided  by  this  chapter  in 
case  of  grading  streets;  and  the  expense  of  such  construc- 
tion shall  be  apportioned  by  the  board  of  public  works 
among,  and  shall  be  a  charge  and  lien  upon*  the  several 
lots  or  parcels  of  land  extending  to  and  abutting  on  said 
canals,  water  channels  or  slips  respectively,  in  proportion 
to  the  amount  of  work  done  opposite  to  such  lots  or 
parcels  of  land  to  be  estimated  by  the  city  engineer,  and 
shall  be  collected  as  other  special  taxes  are  levied  and 
collected  by  and  under  this  act,  but  no  work  in  the  con- 
struction of  such  canals,  water  channels  or  slips  shall  be 
ordered  by  said  board  except  on  the  petition  in  writing  Petitions  for 
of  the  persons  owning  land  adjoining  the  work  to  be  done,  canals, 
to  the  extent  of  a  majority  of  the  lineal  feet  of  such  land, 
measured  on  the  line  of  such  proposed  work;  but  in  case 
any  portion  of  such  adjoining  land  is  owned  by  persons 
not  residents  of  the  said  city  of  Milwa;ukee,  the  said  board 
may  order  such  work  to  be  done  on  the  petition  of  persons 
owning  a  majority  of  the  lineal  feet  of  such  land  owned 
by  residents  of  the  said  city,  measured  on  the  line  of  such 
proposed  work. 

Sections.     The  docking  and  dredging  of  the  Milwau-   Docking  and 
kee,  Menomonee  and  Kinnickinnic  rivers,  and  of  the  public     dredging  at  city 
canals  in  said  city,  after  their  construction,   opposite   to     ®'^P®"se. 
any  street  or  to  public  grounds  abutting  thereon,  and  the 
dredging  of  the  middle  ground  of  said  rivers,  and  of  said 
canals  after  their  construction,  further  than  fifty  feet  from 
either  dock  line  shall  be  done  at  the  cost  of  the  city.  The  common  council 
board  of  public  works,   subject  to  the   approval   of  the     may  order  doclt- 
common  council,  shall  have  the  power  and  are  hereby     '"9  ^     dredging. 
authorized  and  it  shall  be  their  duty  when  ordered  thereto 
by  the  common  council,  without  petition   in  that  behalf, 
to  cause  the  Milwaukee,   Menomonee  and  Kinnickinnic 
rivers,  or  any  portion  thereof,  to  be  docked  and  dredged, 
and  to  proceed  therein  in  like  manner  as  in  cases  of  grad- 


CHAP. 

7 


MILWAUKEE   CITY   CHARTER. 


118 


Relating  to  grading 
or  improving 
streets. 


Board  of  public 
works  to  make 
recommendation 
to  common 
council. 


Petitions,  what  to 
contain. 


ing  and  improving  streets,  to  make  the  expense  of  re-con- 
structing and  repairing  the  docks  of  the  rivers  and  canals 
in  said  city,  and  so  much  of  the  expense  as  is  not  charge- 
able to  the  city  a  lien  and  charge  upon  the  lots  and  par- 
cels of  land,  extending  to  and  abutting  on  said  rivers 
respectively. 

As  amended  by  Section  2,  Chapter  180,  Laws  of  1891. 

Section  6.  Whenever  the  board  of  public  works 
shall  deem  it  necessary  to  grade  or  otherwise  improve 
any  street,  alley,  sidewalk  or  public  ground,  or  to  erect 
and  construct  a  bridge  or  viaduct  over  any  ravine  in 
said  city  of  Milwaukee,  or  to  dredge  or  dock  any  of  the 
rivers  or  of  the  public  canals  after  their  first  construc- 
tion, or  to  abate  any  nuisance  caused  by  stagnant  water 
in  said  city,  it  shall  cause  to  be  made  an  estimate  of  the 
cost  of  such  work,  and  shall  put  the  same  on  file  in  its 
ofiice,  and  such  estimate  shall  be  open  to  the  inspection 
of  any  party  interested.  Thereupon  the  said  board  of 
public  works  shall  make  to  the  common  council  such 
recommendation  in  relation  to  the  proposed  work  as 
it  may  deem  proper;  and  upon  the  same  being  adopted 
by  the  common  council,  in  whole  or  in  part,  the  said 
board  may  order  so  much  of  the  work  to  be  done  as 
shall  have  been  adopted,  provided  that  no  change  of  any 
previously  established  grade,  and  no  such  work,  charge- 
able to  lots  and  parcels  of  land  fronting  on  or  abutting 
on  the  same,  except  the  grading,  graveling  and  paving  of 
streets,  the  paving  of  gutters  and  making  of  sidewalks, 
and  except  repairs,  and  docking  and  dredging,  shall  be 
ordered  by  resolution,  ordinance  or  otherwise,  unless  a 
petition  therefor  shall  first  be  presented  to  the  common 
council,  signed  by  residents  ofsaid  city  owning  a  majority 
of  the  feet  in  front  of  all  the  lots  fronting  upon  such 
proposed  improvements,  owned  by  residents  of  such 
city,  and  for  that  purpose,  every  person  in  the  actual 
possession  of  any  lot  or  parcel  of  land  fronting  upon 
such  improvements,  under  a  contract  in  force  for  the 
purchase  thereof  from  the  owner,  shall  be  held  to  be  a 
freeholder  within  the  meaning  of  this  act,  and  to  be  the 
owner  of  such  real  estate  for  the  purpose  of  petitioning 
as  owner  thereof.  Each  person  signing  such  petition 
as  a  resident  or  as  the  owner  of  property,  shall  be 
required  to  write  after  his  signature  thereto  a  brief 
description  of  the   property   so   owned   by   him,  and  of 


119 


MILWAUKEE   CITY    CHARTER. 


CHAP. 

7 


the  place  of  his  residence  in  said  city,  and  to  annex 
thereto  an  affidavit  that  he  is  such  resident  and  owner, 
and  thereupon  he  shall  be  taken  to  be  such  resident  and 
owner,  and  such  petition  shall  be  as  valid  and  have  the 
same  effect  as  if  such  person  were  the  owner  of  such 
property,  and  a  resident  of  the  city  or  ward,  as  stated 
in  his  affidavit,  although  in  fact  it  should  thereafter 
appear  that  he  was  not  such  owner  or  resident.  The 
common  council  may  order  the  grading,  graveling  and 
paving  of  streets  and  alleys,  the  paving  of  gutters  and 
the  making  of  sidewalks,  without  such  petition,  pro- 
vided, however,  that  in  the  absence  of  such  petition,  the 
resolution  of  the  common  council  ordering  the  work 
shall  have  been  referred  by  the  council  to  a  special 
committee  of  five  members,  no  one  of  whom  shall  be  a 
resident  of  the  ward  or  any  ward  in  which  the  grading, 
graveling  or  paving  of  streets,  alleys  or  gutters,  or  the 
making  of  sidewalks,  mentioned  in  the  resolution  is 
proposed  to  be  done,  and  shall  have  been  reported  by 
such  committee  to  the  common  council  with  their  recom- 
mendation that  it  be  adopted,  before  a  vote  shall  be 
taken  upon  its  adoption,  and  provided  such  resolution 
shall  declare  why  it  is  necessary  for  the  public  interest  to 
proceed  without  such  petition,  and  shall  also  upon  its 
passage  be  supported  by  the  votes  of  three-fourths  of  all 
the  aldermen  elected,  and  of  a  majority  of  the  aldermen 
of  the  ward  or  of  each  ward  in  which  such  grading, 
graveling  or  paving,  or  making  of  sidewalks,  is  to  be 
done;  and  provided  further,  that  no  such  resolution 
ordering  the  grading,  graveling  or  paving  of  a  street  or 
streets  or  alley,  the  paving  of  gutters  or  the  making  of 
sidewalks,  without  a  petition  therefor  shall  be  voted  upon 
or  passed  at  any  meeting  of  the  common  council  held 
within  four  weeks  from  the  time  of  its  presentation  to 
the  council,  and  the  vote  on  its  passage  shall  be  taken  by 
yeas  and  nays,  and  duly  entered  in  the  journal  of  pro- 
ceedings. Provided  further,  that  whenever  the  board  of 
public  works  shall  deem  it  necessary  to  pave  or  otherwise 
improve,  any  street,  alley  or  gutter,  or  any  part  of  any 
street,  alley  or  gutter,  after  the  same  has  been  once  con- 
structed to  the  grade  established  by  the  common  council, 
and  graveled,  planked,  paved  or  macadamized,  the  expense 
of  maintaining,  renewing,  repairing  or  repaving  whereof, 
shall  be  a  lawful  and  proper  charge  against  the  funds  of 


Council  may  order 
work  without 
petition,  how. 


Three-fourths  vote 
of  all  aldermen 
elect,  and  of  both 
aldermen  of  ward 
necessary. 


Petition  not  to  be 
acted  on  for  four 
weeks;  vote  on,  to 
be  taken  by  yeas 
and  nays. 


Expense  of  renew- 
ing  pavement, 
etc.,  chargeable 
to  ward  fund. 


CHAP.  MILWAUKEE   CITY   CHARTER.  120 

7 

the  ward,  in  which  such  street,  alley  or  gutter  is  situated, 
and  a  majority  of  the  residents  of  said  city  of  Milwau- 
kee, owning  a  majority  of  the  feet  in  front  of  all  the 
Petition  of  property  jQ^g,  fronting  on  such  proposed  improvement,  owned  by 
granted,  when.  residents  of  such  city,  shall  file  a  petition  with  the  said 
board,  for  any  pavement  or  other  improvement  deemed 
by  said  board  to  cost  more  than  the  estimate  made  by 
the  board,  of  the  cost  of  improving  said  street,  alley  or 
gutter,  said  cost  to  be  determined  by  said  board,  it  shall 
be  the  duty  of  said  board  and  of  the  common  council  to 
grant  the  request  of  such  petition,  and  to  proceed  to 
repave,  or  otherwise  improve,  said  street,  alley  or  gutter, 
or  any  part  thereof,  named  in  said  petition,  according  to 
the  prayer  of  the  petition,  in  the  same  manner  as  said 
board  and  council  are  now  required  to  maintain,  renew, 
repair  or  repave  any  such  street,  alley  or  gutter;  provided, 
however,  that  all  cost  and  expense  of  such  repavement, 
or  other  improvement,  in  case  of  such  petition,  in  excess 
of  the  estimated  cost  of  the  work,  made  and  filed  in  the 
ofiice  of  the  board  of  public  works,  for  the  improvement 
of  said  street,  alley  or  gutter,  or  part  thereof,  shall  be 
chargeable  to,  and  be  made  payable  by,  the  lots  fronting 
or  abutting  upon  such  street,  alley  or  gutter,  or  part 
thereof,  such  excess  to  be  apportioned  by  such  board  to 
said  lots  respectively,  in  proportion  to  the  benefits 
adjudged  by  said  board  to  have  been  conferred  by  said 
repavement,  or  other  improvement,  in  the  same  manner 
that  the  original  improvement  of  streets,  alleys  and  gut- 
ters are  now  lawfully  chargeable  to,  and  made  payable  by 
such  lots;  provided  further,  that  the  petition  for  such 
repavement,  or  other  improvement,  required  in  this  act, 
as  a  condition  of  increased  cost,  shall,  as  to  form,  qualifi- 
cation of  petitioners  and  otherwise,  conform  to  the 
9  requirements  in  case  of  petitions  for  other  work  charge- 

able to  lots,  and  requiring  a  petition  therefor,  as  provided 
in  said  Section  20,  Chapter  324,  Laws  of  1882,  of  which 
section  this  act  is  in  part  amendatory . 

As  amended  by  Section  30,  Chapter  144,  Laws  of  1875,  and  fur- 
ther amended  by  Section  2,  Chapter  274,  Laws  of  1881,  Section 
20,  Chapter  324,  Laws  of  1882,  and  Chapter  359,  Laws  of  1887. 

One  who  signs  a  petition  to  common  council  for  a  change  of 
grade,  is  not  estopped  from  asserting  his  claim  for  damages  caused 
by  the  new  grade,  it  being  lower  than  the  one  petitioned  for. 

Luscombe  vs.  Milwaukee,  36  Wis.,  511. 


121  MILWAUKEE   CITY    CHARTER.  CHAP. 

7 

The  common   council   having  ordained  a  change  of  grade  of 

numerous  streets,  and  having  executed  the  ordinance  only  in  part, 

plaintiff  suffered  serious  special  injury  by  reason  of  such  partial 

execution;  and  in  order  to  relieve  himself  from  such  a  special 

injury,  signed  a  petition  to  the  council  to  have  the  work  completed. 

Held,  fwt  a  waiver  of  his  right  to  damages  for  such  change  of 

grade. 

Herzer  vs.  Milwaukee,  39  Wis.,  360. 

Under  the  charter  provision  requiring  every  resolution  ordering 
work  for  improving  streets  to  lie  over  at  least  four  weeks  after  its 
introduction,  "A  resolution  introduced  on  Monday  may  be  acted 
on  the  fourth  Monday  following." 

Wright  vs.  Forrestal,  65  Wis.,  341. 

The  requirement  that  the  "  vote  on  the  passage  of  every  such 
resolution  shall  be  taken  by  yeas  and  nays  and   duly  entered  on 
the  journal,"  etc.,  \s  held,  not  to  require  a  separate  vote  on  each 
such  resolution. 
Ibid. 

Section  7.     Before  ordering  any  work  to  be  done  by  Assessments  of 

the  owners  of  lots  or   lands   fronting  on  the  same,  said     benefits  for  street 

work 
board  shall  view  the  premises,  and   consider  the  amount 

proposed  to  be  made  chargeable  against  said  several 
lots  or  pieces  of  land,  and  the  benefits  which,  in  their 
opinion,  will  actually  accrue  to  the  owner  of  the  same  in 
consequence  of  such  improvement,  and  shall  assess 
against  the  several  lots  or  pieces  of  lands,  or  parts  of  lots 
or  pieces  of  land,  which  they  may  deem  benefited  by 
the  proposed  improvement,  the  amount  of  such  benefit 
which  those  lots  or  pieces  of  land  will  severally,  in  the 
opinion  of  said  board,  derive  from  such  improvement 
when  completed  in  the  manner  contemplated  in  the 
estimate  of  the  cost  of  such  work,  made  as  provided  by 
section  six  of  this  chapter,  taking  into  consideration  in 
each  case  any  injury  which  in  the  opinion  of  the  board, 
maj^  ^^^h!^  ^°  ^^^^  ^^^  ^^  piece  of  land  from  such  im- 
provement; and  in  case  the  benefits,  in  their  opinion,  Assessment  of 
amount  to  less  than  the  cost  of  the  improvement,  the  damages, 
balance  shall  be  paid  out  of  the  ward  fund  of  the  ward 
or  wards  in  which  such  improvement  is  made;  and  said 
board  shall  endorse  their  decision  and  assessment  in 
every  case  on  the  estimate  of  the  cost  of  such  improve- 
ment filed  in  their  office. 

Assessment  made  by  the  board  of  public  works,  after  confirma-' 
tion  by  common  council,  is  not  conclusive  as  to  benefits  on  right 
of  way,  but  is  conclusive  as  to  such  railroad  property  as  is  not  used 


CHAP. 

7 


MILWAUKEE   CITY   CHARTER. 


122 


for  railroad  purposes,  when  it  appears  that  the  benefits  are  direct, 
immediate  and  certain. 

C.  M.  &  St.  P.  Ry.  Co.  vs.  Milwaukee,  89  Wis.,  506. 

Abutting  property  may  be  assessed  for  highway  improvements 
only  to  the  extent  to  which  it  is  actually  benefited,  and  must  be 
upon  actual  view.  Where  such  an  assessment  is  based  upon  the 
estimated  cost  of  the  improvement,  and  not  upon  an  estimate  of 
actual  benefits,  the  assessment  is  invalid,  and  equity  will  restrain 
the  issue  of  a  certificate  to  the  contractor. 

Johnson  vs.  Milwaukee,  40  Wis.,  315. 

(This  section  is  substantially  the  same  as  Sec.  24,  Ch.  401, 
laws  of  1870.) 

This  section  evidently  requires  a  finding  by  the  board  of  public 
works  upon  the  question  of  resulting  benefits  and  of  consequent 
injury,  the  former  to  be  modified  by  deducting  the  amount  of  the 
injury;  and  the  lot  is  to  be  assessed  only  to  the  amount  of  benefits  as 
thus  modified.  To  this  end,  therefore,  a  finding  is  essential  both  on 
benefits  and  consequent  injury  to  the  lot. 

Lieberman  vs.  Milwaukee,  89  Wis.,  336. 

Where  the  board  of  public  works  arbitrarily  added  fifty  per  cent, 
to  the  estimated  cost  of  the  work,  and  adopted  such  amount  so 
determined  as  the  measure  of  benefits,  and  the  different  lots  were 
variously  affected,  held,  the  assessment  was  void,  there  being  a 
failure  to  exercise  the  judgment  of  the  board. 

Watkins  vs.  Zwietusch,  47  Wis.,  513. 


Compensation  to 
lot  owners  for 
change  of  grade. 


Assessment 
therefor. 


Section  8.  In  all  cases  in  which  the  grade  of  any 
street  has  been  permanently  established  by  ordinace 
since  February  20,  1852,  or  shall  hereafter  be  so  estab- 
lished, and,  after  such  permanent  establishment  thereof, 
and  after  such  street  shall  have  been  actually  graded  to 
such  established  grade,  the  grade  so  established  has  been 
or  shall  be  altered  by  the  city,  the  owner  of  any  lot  or 
parcel  of  land  which  may  be  affected  or  injured  in  con- 
sequence of  such  alteration  of  grade,  shall  be  entitled  to 
compensation  therefor;  and  it  shall  be  the  duty  of  tne 
board  of  public  works,  before  ordering  to  be  done  the 
work  of  actually  changing  such  established  grade  by 
excavating  or  filling  such  street  to  the  new  grade  as  so 
altered,  and  at  the  time  of  making  their  assessment  of 
benefits,  as  provided  in  the  next  preceding  section,  to 
consider,  determine  and  assess  against  the  lots  which 
they  may  deem  benefited  by  the  proposed  improvement, 
to  the  amount  of  such  benefits,  the  damages,  costs  and 
charges,  including  the  cost  of  such  improvement — aris- 
ing from  such  alteration  of  grade  to  the  owner  of  any 


123 


MILWAUKEE  CITY  CHARTER. 


CHAP. 

7 


lot,  parcel  of  land  or  tenement,  which  may  be  affected 
or  injured  in  consequence  thereof,  taking  into  considera- 
tion in  each  case  any  advantages  and  benefits  which  may 
be  conferred  thereby  upon  such  lot,  parcel  of  land  or 
tenement,  in  common  with  other  property  on  the  street 
affected  by  such  grade;  and  the  excess  of  the  said 
damages,  costs  and  charges  over  the  benefits  assessed,  as 
provided  in  the  preceding  section,  shall  be  paid  out  of 
the  ward  funds  of  the  ward  or  wards  in  which  such 
improvement  and  alteration  of  grade  shall  be  made;> 
provided,  that  no  owner  of  any  lot.  parcel  of  land  or 
tenement,  who  shall  personally,  or  by  his  authorized 
agent,  have  signed  a  petition  asking  for  such  alteration 
of  grade,  or  a  petition  asking  for  the  grading  of  a  street 
in  comformity  with  such  altered  grade,  shall  be  entitled 
to  compensation,  but  every  such  owner  shall  be  deemed 
thereby  to  have  waived  and  relinquished  all  claim  to 
compensation  for  any  injury  in  consequence  thereof; 
and  no  damages,  costs  or  charges  arising  to  such  owner 
from  such  alteration  of  grade,  shall  be  assessed  or  paid 
to  such  owner. 

Compensation  for  the  injury  to  lots  caused  by  raising  the  street, 
under  the  facts  alleged,  held,  on  demurrer,  to  be  presumed  to  have 
been  fully  made  by  filling  up  the  lots,  there  being  no  allegation 
to  the  contrary. 

Watkins  vs.  Milwaukee,  55  Wis.,  335. 
See  Anderton  vs.  Milwaukee,  82  Wis.,  279. 
Ch.  254,  Laws  of  1891,  held  invalid  in 

Anderton  vs.  Milwaukee,  82  Wis.,  279. 
Ko'effler  vs.  Milwaukee,  85  Wis.,  397. 

Kuy  peculiar  ox  special  benefit  conferred  on  plaintiff's  lot,  not 
common  to  other  lots  in  the  neighborhood,  and  not  increasing  its 
market  value,  cannot  be  considered  by  the  jury  in  fixing  damages; 
but  if  such  lot,  by  reason  of  the  changed  grade  is  appreciated  in 
value  in  common  with  other  property  in  that  vicinity,  the  city  is 
entitled  to  have  such  increase  of  value  deducted  in  the  estimate 
of  damages. 

Church  vs.  Milwaukee,  31  Wis.,  512. 

Stowell  vs.  Milwaukee,  31  Wis.,  523. 

The  liability  of  the  city  to  pay  damages  to  lot  owner  for  change 
of  grade  is  not  affected  by  the  fact  that  the  owner  did  the  work 
himself,  in  obedience  to  an  order  duly  made  by  the  street  com- 
missioners. 

Pearce  vs.  Milwaukee,  18  Wis.,  450. 

When  the  city,  in  grading  a  public  street  then  in  the  use  and 
occupation  of  the  public   as   a  highway,    leaves  the   same  in   a 


Benefits  and 
damages. 


Petitioners  for 
change  of  grade 
not  entitled  to 
compensation 
therefor. 


CHAP.  MILWAUKEE   CITY   CHARTER.  124 

7 

dangerous  condition,  and  without  lights,  guards  or  warning  to 
passengers,  it  is  liable  for  all  damages  accruing  to  any  person 
injured  because  of  such  negligence. 

Milwaukee  vs.  Davis,  6  Wis.,  374. 

See  also  French  vs.  Milwaukee,  49  Wis.,  584. 

Owens  vs.  Milwaukee,  47  Wis.,  461. 

Where  a  grade  is  duly  established  by  an  ordinance,  which  also 
provides  that  the  faith  of  the  city  is  pledged  that  such  grade  shall 
not  be  altered,  the  city  is  liable  for  damages  caused  by  change  of 
grade  some  years  thereafter,  where  the  grade  is  lowered  twenty 
feet,  and  buildings  erected  with  reference  to  the  first  grade  are 
rendered  valueless. 

Goodall  vs.  Milwaukee,  5  Wis.,  32. 

It  is  only  by  statute  that  a  municipal  corporation  is  liable  for 
injuries  caused  by  an  authorized  change  of  grade,  and  the 
statutory  remedy  providing  specific  means  for  recovering  damages', 
is,  exclusive. 

Dore  vs.  Milwatikee,  42  Wis.,  108. 

The  plaintiff  ^^/flf,  entitled  to  recover  the  expense  of  grading 
down  that  part  of  lot  fronting  on  the  alley,  the  ordinances  imply- 
ing that  the  grades  of  alleys  must  conform  to  those  of  adjoining 
streets. 

Church  vs.  Milwaukee,  34  Wis.,  66. 

The  right  to  damages  is  purely  statutory.  Damages  to  the  soil 
or  building  may  be  recovered,  but  not  for  injury  to  the  trade  or 
business  carried  on. 

Stadler  vs.  Milwaukee,  34  Wis.,  98. 

The  purpose  to  be  subserved  by  this  section  is  to  secure  to  the 
lot  owner,  in  the  case  therein  mentioned,  a  proper  allowance  for 
damages,  costs  and  charges  arising  from  the  change  of  grade,  by 
way  of  compensation  therefor,  and  payment  thereof,  if  it  exceeds 
the  benefits,  out  of  the  ward  funds. 

Liebermann  vs.  Milwaukee,  89  Wis.,  336. 

Review  of  tax  roll.  Section  9.  As  soon  as  any  assessment  of  benefits  or 
damages,  or  both,  shall  be  made,  as  in  the  preceding 
sections  of  this  chapter  provided,  the  said  bojard  shall 
give  notice  to  all  parties  interested,  by  advertisement 
for  not  less  than  four  days  in  the  official  papers  of  the 
said  city,  that  such  assessment  has  been  made  and  is 
ready  for  inspection  in  its  office,  and  that  the  same  will 
be  open  for  review  and  correction  by  the  said  board,  at 
its  office,  for  not  less  than  four  days  after  the  first  publi- 
cation of  such  notice  during  certain  hours,  not  less  than 
two  hours  of  each  lay  day,  and  that  all  persons  interested 
will  be  heard  by  said  board  in  objection  to  such  assess- 
ment, and  generally,  in  the  matter  of  such  review  and 


125  MILWAUKEE   CITY   CHARTER.  CHAP. 

7 

correction.  It  shall  be  sufficient  to  state  in  such  notice, 
in  brief,  what  such  assessment  has  been  made  for,  and 
in  what  locality,  and  no  further  notice  or  publication  of 
such  assessment  shall  be  necessary.  During  the  time 
mentioned  in  such  notice,  the  said  board  shall  hear 
objections  and  evidence,  and  they  shall  have  power  to 
review,  modify  and  correct  such  assessment,  in  such 
manner  as  they  shall  deem  just,  at  any  time  during  such 
review,  and  for  three  days  thereafter;  and  thereupon 
said  board  shall  endorse  such  corrected  and  completed 
assessment  upon  or  annex  the  same  to  the  estimate  of 
the  cost  of  such  improvement,  made  and  filed  in  its 
office,  as  provided  in  section  6,  of  this  chapter,  and  shall 
file  a  duplicate  of  such  estimate  and  assessment  in  the  ^  ... 
office  of  the  city  clerk,  who  shall  lay  the  same  before  the  ment  to  be  filed 
common  council  at  its  next  meeting;  and  thereupon  the  ^^^^  °'*y  *^'6'''*- 
common  council  may  confirm  or  correct  said  assess- 
ments, or  any  of  them,  or  may  refer  the  same  back  to 
the  board  of  public  works  for  revision  and  correction; 
and  the  said  common  council,  and  the  said  board  of 
public  works  shall  respectively  have  the  like  powers,  and 
perform  the  like  duties,  in  relation  to  such  assessment, 
and  any  subsequent  assessment  made  pursuant  to  such 
reference  by  the  common  council,  as  are  prescribed  and 
conferred  in  relation  to  the  first  assessment. 

As  amended  by  Section  31,  Chapter  144,  Laws  of  1875,  and  fur- 
ther amended  by  Section  6,  Chapter  388,  Laws  of  1889. 

Section  10.     Thereupon,    as    soon   as   the   common   DgiatjpQ  ^q  pay. 
council  shall  have  confirmed  such  assessments  of  benefits     ment  for  work 
and  damages,  the  said  board  shall   enter  into  a  contract     ^^^^  °"  streets, 
for  the   doing   of  the  same,    as   hereinbefore  provided. 
Such   contract    shall    require    the   contractor  to  receive 
certificates  upon  or  against  the  several  lots,  parts  of  lots, 
or  parcels  of  land,  which  may  be  assessed  with   benefits 
on  account  of  the  same,  to  apply  in  payment  of  the  con- 
tract price,  as   now  provided   by  law;  provided  that  in 
any  case  where  the  contract   price   of  the   work   to  the 
center  of  the  street   or  alley,  done   opposite  to  any  lot 
or  parcel  of  ground,  shall  exceed  the   benefits   assessed 
to  such  lot,    the    excess  shall  be  paid  out  of  the  ward   Excess  of  damages 
fund  of  the  ward  in  which  such  lot,  part  of  lot  or  parcel     to  be  paid  out  ot 
of  land  shall  be  situated.  ward  fund. 

As  amended  by  Section  1,  Chapter  308,  Laws  of  1882. 


CHAP.  MILWAUKEK   CITY   CHARTER.  126 

7 

The  board  of  public  works  cannot  proceed  under  this  section 
without  a  previous  ordinance  or  resolution  of  the  common 
council. 

Koch  vs.  Milwaukee,  89  Wis.,  220. 

Where  the  board  of  public  works  has  issued  a  special  assess- 
ment certificate,  until  the  money  has  been  collected  therefor  and 
paid  into  the  treasury,  it  seems  that  the  treasurer  is  the  agent  of 
the  owner  of  the  certificate.  The  city  will  only  be  liable  to  the 
holder  after  the  treasurer  has  refused  to  pay  over  the  money  on 
demand,  after  it  has  been  collected  and  placed  in  the  treasury. 

Silkman  vs.  Milwaukee,  31  Wis.,  555. 

Appeals  from  as-  Section  11.  The  owner  of  any  lot,  or  tract  of  land, 
sessments,  how  or  tenement,  who  feels  himself  aggrieved  by  such  assess- 
and  when  taken,  jj^e^t,  as  confirmed  by  the  common  council,  as  to  the 
amount  of  benefits  thereby  adjudged  to  accrue  to  him  by 
reason  of  any  improvements  charged  against  his  lot  or 
parcel  of  land,  or  the  amount  of  damages,  costs  and 
charges,  arising  to  such  owner  from  an  alteration  of 
grade,  may,  within  twenty  days  after  such  confirmation 
by  the  common  council,  appeal  therefrom  to  the  circuit 
court  of  Milwaukee  county;  and  such  appeal  shall  be 
taken,  tried  and  determined,  and  bonds  for  costs  shall  be 
given,  and  costs  awarded  therein,  in  like  manner  as  in 
cases  of  appeals  to  the  said  circuit  court  provided  for 
in  chapter  six  of  this  act.  Such  appeal  shall  not  aifect 
the  rights  of  the  contractor,  or  the  proceedings  in  reifer- 
ence  to  his  contract,  but  the  certificate  against  the  lot 
^  or  parcel  of  land  in   question,   shall  be  given  as  if  no 

appeal  had  been  taken;  and  in  case  the  appellant  shall 
succeed,  the  difference  between  the  amount  charged  in 
the  certificate    and   the    amount    of  the    benefit  finally 
K(  adjudged,  shall  be  paid  by  the  city  out  of  the  proper  ward 

fund,  to  the  appellant,  but  not  until  he  shall  have  done 
the  work  in  question,  or  have  paid  the  certificate  issued 
Assessments  for      ^^^  doing  the  same.     The  amount  assessed  by  the  board 
damages,  when      of   public    works,    or    finally  adjudged    on    appeal,  for 
to  be  paid.  damages,  costs,  and  charges  arising  from  an  alteration 

of  the  grade,  in  excess  of  the  amount  charged  against 
property  deemed  benefited,  shall  be  paid  by  the  city  out 
of  the  proper  ward  fund,  to  the  person  or  persons  thereto 
entitled,  within  one  year  after  the  confirmation  of  the 
assessment  by  the  common  council,  or  after  final  adjudg- 
ment therefor  rendered  by  the  court  on  appeal,  as  afore- 
said;   provided,   that  the  time  during  which   an  appeal 


f 


127  MILWAUKEE   CITY   CHARTER.  CHAP. 

7 

from  such  judgment  may  be  pending  in  the  supreme  court 
shall  not  be  deemed  part  of  the  year  so  limited. 

The  remedy  by  appeal  is  not  exclusive,  as  equity  will  set  aside 
an  invalid  assessment,  a  sale  under  it,  the  certificate  of  sale,  and 
restrain  the  issue  of  a  deed  upon  such  certificate. 
Watkins  vs.  Milwaukee,  52  Wis.,  98. 

Where  the  assessment  is  void,  the  provisions  of  this  and  the 
following  section,  as  to  appeal  being  the  only  remedy,  do  not 
apply. 

Lieberman  vs.  Milwaukee,  89  Wis.,  336. 

An  original  action  at  law  for  damages  cannot  be  brought  by  a 
lot  owner  injured  by  change  of  grade,  but  he  must  proceed  by 
appeal  from  the  assessment  of  benefits  and  damages  within  the 
time  limited. 

Owens  vs.  Milwaukee,  47  Wis.,  461. 

See,  also,  Benton  vs.  Milwaukee,  50  Wis.,  368. 

Section  12.  The  appeal  given  by  the  last  preceding  Limiting  rigiit  of 
section,  from  the  assessment  of  the  board  of  public  works,  action. 
as  confirmed  by  the  common  council,  to  the  said  circuit 
court,  shall  be  the  only  remedy  for  the  recovery  of  any 
damages,  costs  and  charges  arising  from  any  alteration 
of  grade  by  the  said  city,  or  sustained  by  reason  of  any 
proceedings  or  acts  of  the  said  city  or  its  officers,  in  the 
matter  to  which  such  assessment  of  damages  or  benefits 
relates;  and  no  action  at  law  shall  be  maintained  for  such 
damages  or  injuries,  whether  arising  from  an  alteration 
of  grade  or  otherwise. 

Existing  remedies,  either  common  law  or  statutory  will  not  be 
regarded  as  taken  away  by  subsequent  statutes  granting  new  rem- 
edies, unless  such  purpose  is  expressed,  or  clearly  implied. 
Goodrich  vs.  Milwaukee,  24  Wis.,  422. 

Damages  for  an  unauthorized  change  of  grade  may  be  recovered 
in  an  ordinary  civil  action,  but  the  complaint  must  show  the  want 
of  authority. 

Dore  vs.  Milwaukee,  42  Wis.,  108. 

Crossett  vs.  Janesville,  28  Wis.,  420. 

See  also,  lyiebermann  vs.  Milwaukee,  89  Wis. ,  336. 

Section  13.     After  the  completion  and  performance  Contractor  shall 
of    any    contract    entered   into    by   the  board  of  public     receive  a  certifi- 
works  for  work  chargeable  to  the  lots  or  lands  fronting     amount^  o?  work 
thereon,    or   to   other   lots    upon   which   assessments   of    done, 
benefits  have   been  made  therefor  by  virtue  of  this  act, 


CHAP. 

7 


MILWAUKEE   CITY   CHARTER. 


128 


they  shall  give  to  the  contractor  or  contractors  a  certifi- 
cate signed  by  the  board  or  the  president  thereof,  and 
countersigned  by  the  comptroller,  stating  the  amount 
of  work  done  by  such  contractor,  the  nature  thereof,  and 
the  description  of  the  lot  or  parcel  of  land  upon  which 
the  same  is  chargeable.  It  shall  be  the  duty  of  the 
comptroller  to  keep  a  register  of  all  certificates  issued 
by  the  board  of  public  works  against  lots,  and  counter- 
signed by  him,  which  said  certificates  may  be  paid  by 
the  owner  or  owners  of  such  lots  at  any  time  before  the 
sale  of  such  lots  for  the  non-payment  of  taxes,  to  the 
city  treasurer,  who  shall  receive  the  amounts  paid  on 
such  certificate  and  hold  the  same  for  the  benefit  of  the 
owners  of  such  certificates,  and  such  owner  shall  be 
entitled  thereto  on  producing  and  surrendering  such 
certificates  to  be  canceled. 

As  amended  by  Section  2,  Chapter  308,  Laws  of  1882. 

Where  the  lot  owner  pays  the  amount  of  the  certificates  to  the 
city  treasurer,  the  latter  receives  and  holds  the  amounts  so  paid 
on  such  certificates  for  the  benefit  of  the  owners  thereof,  and  such 
owners  respectively  are  entitled  to  the  same  on  their  producing 
and  surrendering  such  certificates  for  cancellation. 

Hoyt  vs.  Fass,  64  Wis.,  273. 

Certificates  issued  under  this  section  are  liens  upon  the  lots, 
draw  interest  at  twenty  five  per  cent,  per  annum  from  the  time 
when  the  lot  was  sold  by  the  city  treasurer  on  account  of  such 
certificate  liens,  and  are  transferable  by  endorsement. 

Ibid. 


Certificates,  when 
lots  subdivided. 


Collectable  from 
subdivisions. 


Section  14.  In  all  cases  where  the  board  of  public 
works  shall  have  issued  a  certificate  for  work  done  on 
any  street,  sidewalk  or  alley,  chargeable  to  lots  or  lands 
according  to  the  provisions  of  this  act,  and  the  lot  or 
tract  of  land  described  in  such  certificate  shall  have  been 
subdivided  prior  to  the  date  of  such  certificate,  then  the 
work  certified  to  in  such  certificate  shall  be  chargeable 
to  that  subdivision  of  such  lot  or  tract  of  land  which 
fronts  on  the  streets,  sidewalk  or  alley  on  which  such 
work  shall  have  been  done  according  to  law;  and  it  shall 
be  lawful  for  the  city  treasurer,  in  collecting  the  special 
taxes  assessed  by  reason  of  the  issue  of  such  certificates, 
to  collect  the  amount  named  in  such  certificates  from 
that  subdivision  of  lot  or  tract  of  land,  which  fronts  on 
the  street  or  alley  named  in  such  certificates,  and  on 
which  said  work  was  done  according  to  law. 


129  MILWAUKEE  CITY  CHARTER.  CHAP. 

7 

Section  15.     Whenever  snow  shall  fall  upon  any  of  Removing  snow 
the  sidewalks  of  the  said  city,  so  that  the  same  shall  be     '•'O'"  sidewalks. 
encumbered  thereby,  and  such  snow  shall  not  be  removed 
therefrom  within  twenty-four  hours  after  the  snow  shall 
have   ceased  falling,    the   said   board  shall  have  power, 
forthwith,  without  notice   or   letting,  to  employ  persons 
or   to  make  contract  or  contracts  to  remove  such  snow 
from  any  sidewalk  or  part  of  sidewalk  in  said  city,  where 
they  shall  by  resolution  declare  it  to  be  necessary,  and  to 
assess  the  cost  thereof  against  all  lots,  parts  of  lots  and  cost  of  removal  to 
parcels  of  land  abutting  on  such  sidewalk  or  part  of  side-     be  assessed  upon 
walk  in  the  manner  hereinafter  directed.  abutting  lots. 

Section  16.  It  is  hereby  made  the  duty  of  the  board  Repair  of  streets 
of  public  works  with  the  consent  of  the  aldermen  of  the  and  sidewalks, 
proper  ward,  unless  otherwise  provided  by  ordinance  of 
the  common  council,  to  cause  the  streets,  alleys  and  side- 
walks in  the  city  to  be  kept  in  proper  repair,  and  in  a 
cleanly  and  wholesome  condition  at  all  times,  and  for 
this  purpose  they  are  empowered  with  the  consent  of  the 
aldermen  of  the  ward  in  which  such  street,  alley  or  side- 
walk is  located,  to  employ  the  necessary  labor,  or  to  con- 
tract pursuant  to  law,  for  such  cleaning  and  repairing  as 
they  may  deem  necessary  for  the  safety  and  health  of  the 
people,  the  expense  of  such  cleaning  and  repairing, 
except  of  sidewalks,  shall  be  chargeable  to  and  paid  out  of 
the  fund  of  the  ward  in  which  such  work  is  done;  and 
the  said  board  is  also  hereby  empowered  to  cause  side- 
walks to  be  repaired,  or  to  be  taken  up  and  relaid  with 
new  materials  or  with  part  new  and  part  old  materials,  and 
to  be  restored  to  grade  and  to  assess  the  expense  thereof 
against  the  lot  or  piece  of  land  in  front  of  which  such 
work  may  be  done,  in  the  manner  provided  by  section  19, 
of  said  sub-chapter  7,  of  said  chapter  184,  of  the  laws  of 
1874. 

As  amended  by  Section  32,  Chapter  144,  Laws  of  1876,  further 
amended  by  Section  21,  Chapter  324,  Laws  of  1882,  and  Section  7, 
Chapter  388,  Laws  of  1889. 


CHAPTEK    374,   LA^WS    OF    1895. 

AN  ACT  providing  for  keeping  sidewalks  clear  of  snow  and  ice 
in  cities  and  villages  incorporated  under  special  charters,  and 
collecting  the  expense  thereof. 

Section  1.     The  common  council  of  every  city  and  the  board 
of  trustees  of  every  village  incorporated  under  any  special  charter 


CHAP. 

7 

Common  council 
may  cause  side- 
walks to  be  kept 
clear  of  snow  and 
ice. 

May  appoint  officer 
for  such  purpose. 


Duty  of  officer  so 
appointed. 


MILWAUKEE   CITY   CHARTER. 


130 


may  cause  the  sidewalks  within  such  cities  and  villages  to  be  kept 
clear  of  snow  and  ice  and  the  expense  thereof  to  be  charged  as  a 
special  tax  against  the  abutting  lots  or  parcels  of  land,  when  the 
owner  or  occupant  fail  to  keep  the  same  clean.  It  shall  be  lawful 
for  the  common  council  of  such  city  and  the  board  of  trustees  of 
such  village,  by  ordinance,  to  designate  some  officer  whose  duty  it 
shall  be  to  keep  the  sidewalks  clear  of  snow  and  ice  in  all  cases 
where  the  owner  or  occupants  of  abutting  lots  or  parcels  of  land 
fail  to  do  so. 

Skction  2.  It  shall  be  the  duty  of  the  officer  designated  as 
provided  in  the  preceding  section,  under  such  rules  or  ordinance 
as  the  common  council  or  board  of  trustees  may  make  therefor, 
to  keep  the  sidewalks  in  such  city  or  village  clear  of  snow  and  ice 
in  all  cases  where  the  owners  or  occupants  of  abutting  lots  fail  to 
do  so,  and  the  expense  of  clearing  the  snow  or  ice  from  sidewalks 
in  front  (and  along  the  side  of  a  corner  lot  or  parcel  of  land)  of 
any  such  lot  or  parcel  of  land  shall  be  a  lien  thereon.  And  said 
officer  shall  keep  an  account  of  such  expense  and  make  a  report  of 
the  same  to  the  city  or  village  clerk,  who  shall  enter  the  amount 
therein  charged  to  each  lot  or  parcel  of  land  in  the  next  or  sub- 
sequent tax  roll,  as  a  special  tax  against  said  lot  or  parcel  of  land, 
and  the  same  shall  be  collected  in  all  respects  like  other  city  or 
village  taxes  upon  real  estate,  and  no  lot  or  parcel  of  land  in  such 
city  or  village  shall  be  exempt  from  the  payment  thereof. 

Section  3.  This  act  shall  not  be  construed  as  prohibiting  the 
authorities  from  imposing  a  fine  or  penalty  in  addition  to  the 
collecting  of  the  expenses  for  neglecting  to  keep  such  sidewalks 
clear  of  snow  and  ice. 


How  repaired. 


Section  17.  Whenever  any  sidewalk,  or  part  of  any 
sidewalk,  shall  in  the  judgment  of  the  said  board,  declared 
by  resolution  to  that  effect,  be  in  a  dangerous  condition 
to  persons  passing  over  it,  for  want  of  being  repaired  or 
remade,  or  on  account  of  being  above  or  below  the  grade 
established  by  the  common  council,  the  said  board  shall 
have  power  to  order  the  same  to  be  forthwith  repaired 
or  remade,  and  thereupon  forthwith  to  employ  fit  per- 
sons to  repair  or  remake  the  same  for  a  fair  price,  and 
charge  the  expense  thereof  to  the  lots,  parts  of  lots,  or 
parcels  of  land  abutting  thereon,  by  a  special  assessment; 
and  such  assessment  shall  be  a  valid  charge  and  lien  upon 
such  lots,  parts  of  lots  or  parcels  of  land,  without  any 
estimate,  notice,  letting  or  other  proceeding  preliminary 
to  the  doing  of  such  work,  except  the  resolution  of  said 
board  so  declaring  such  sidewalks  to  be  dangerous. 

As  amended  by  Section  5,  Chapter  311,  Laws  of  1876. 


131  MILWAUKEE   CITY   CHARTER.  CH*P- 

7 

Section  18.  Whenever  any  nuisance,  source  of  filth,  Relating  to 
or  cause  of  sickness  shall  be  found  on  private  property,  nuisances, 
or  in  the  alley  in  front  or  rear  of  such  property,  the 
common  council  may  order  the  owner  or  occupant  thereof, 
at  his  own  expense,  to  remove  or  abate  the  same  within 
twenty-four  hours  from  the  date  of  the  order,  or  within 
such  time  as  may  be  named  in  such  order;  and  if  the 
owner  or  occupant  shall  refuse  or  neglect  so  to  do,  within 
the  time  named  in  said  order,  then  the  board  of  public 
works  shall  forthwith  cause  said  nuisance,  source  of  filth, 
or  cause  of  sickness  to  be  abated  or  removed,  at  the 
expense  of  the  lot  or  tract  of  land  in  the  front  or  rear  of 
which,  or  upon  which  such  nuisance,  source  of  filth  or 
cause  of  sickness  may  be  found. 

Amended  by  Section  1,  Chapter  80,  Laws  of  1877,  which  was 
repealed  by  Section  58,  Chapter  324,  Laws  of  1882.  As  amended 
by  Section  22,  Chapter  324,  Laws  of  1882. 

Where  by  a  neglect  to  provide  proper  sewerage  in  the  grading  of 
a  street,  a  nuisance  is  created  upon  a  private  lot,  the  city  may  pro- 
vide for  abating  it  as  for  other  similar  improvements;  and  where 
the  work  for  that  purpose  has  been  done  by  contract  in  a  regular 
manner,  an  assessment  upon  the  lot  for  the  cost  of  the  work  is 
valid  at  law. 

Smith  vs.  Milwaukee,  18  Wis.,  69. 

A  special  assessment  for  the  cost  of  abating  a  nuisance  created 
upon  a  private  lot  by  the  act  of  the  city  is  illegal,  and  will  be 
set  aside. 

Weeks  vs.  Milwaukee,  10  Wis.,  186. 

Section  19.     In  all  cases  mentioned  in  sections  15,   Relating  to  work 
16,  17  and  18  of  this  chapter,  or  in  either  of  said  sec-     ^one  by  board  of 
tions,  wherein  the  board  of  public  works  are  authorized     **"  '°  ^^^  ^' 
to  do  any  work  or  cause  the   same  to  be  done,  and  to 
charge  or  assess  the  expense  thereof  upon  the  lots,  parts 
of  lots    or  parcels  of  land  upon  or  in  front  or  rear  of 
which   such  work   may  be   done,  the   expense  of  such 
work  shall,  in  the  first  place,  be   defrayed    out   of  the 
ward  fund  of  the  proper  ward.     It  shall  be  the  duty  of 
said    board    to    keep    a    strict    account    of  the    labor 
expended  upon  such  work  in  front  or  rear  of  each  such 
lot,  part  of  lot  or  parcel  of  land,  and  of  the  cost  thereof, 
and  to  make  a   report  to  the  comptroller  monthly,   on   „      . .  .  . 

the  first   of   each   month   for   each   ward   in   said   city,     comptroller 
stating  and  certifying  the  description  of  the  lots,  parts     monthly, 
of  lots  or  parcels  of  land,   in  front  or  rear  of,  or  upon 


CHAP.  MILWAUKEE  CITY  CHARTER.  132 

7 

which  work  chargeable  thereto  under  either  of  said 
sections,  shall  have  been  done  by  said  board,  under 
authority  thereof,  during  the  preceding  month,  the 
nature  of  the  work  so  chargeable  to  each  lot  or  parcel, 
and  the  amount  actually  expended  therefor,  and  the 
comptroller  shall,  at  the  time  of  making  his  annual  report 
to  the  common  council  of  the  lots  or  parcels  of  land 
subject  to  special  tax  or  assessment,  required  by  sec- 
tion 14  of  chapter  3  of  this  act,  include  therein  the 
said  lots  or  parcels  of  land  so  reported  to  him  by  said 
board  of  public  works,  with  the  aggregate  amount  charge- 
able thereto,  according  to  such  reports,  for  work  done 
during  the  preceding  year,  under  said  section  15,  16,  17 
and  18,  of  this  chapter,  and  such  amounts  shall  be  levied 
on  the  lots  or  parcels  of  land  respectively,  to  which  they 
are  so  chargeable,  in  like  manner  as  other  special  taxes 
are  levied  in  said  city;  and  when  collected,  the  same 
shall  be  credited  to  the  account  of  the  ward  fund  of  the 
ward  in  which  such  property  is  situated. 

As  amended  by  Section  23,  Chapter  324,  Laws  of  1882. 
Amended  by  Section  2,  Chapter  80,  Laws  of  1877,  which  was 
repealed  in  Section  58,  Chapter  324,  Laws  of  1882. 

Commissioners  of       SECTION  20.     If  any   commissioner  of  public    works 

public  works  not  shall  in  any  case  be  directly  interested  in   any   property 

to  be   interested  liable  to   be   assessed  with  benefits,  on  account  of  any 
in  contracts  or  "^ 

improvenents.        public   improvements,   or  entitled   to  an   assessment    of 

damages  arising  from  an  alteration  of  grade,  the  common 

council   shall   in  such  case   appoint    some    disinterested 

person  to  act  in  his  stead;   and  the  person  so  appointed 

shall,  for  the  particular  case  in  which  he  is  so  appointed, 

possess  all  the  powers  and  authority  of,  and  be  subject 

to  all  the  duties  and  restrictions  imposed  by  law  upon 

a  member  of  said  board. 


Canada  thistles. 


Section  21.  The  said  board,  under  direction  of  the 
common  council,  shall  have  power  to  make  contracts 
for  the  removal  of  Canada  thistles  and  other  noxious 
plants  and  weeds  from  streets,  alleys  and  public  grounds, 
in  any  ward  of  the  city ;  the  cost  thereof  to  be  chargeable 
to  the  ward  fund  of  the  proper  ward. 

Sprinkling  of  SECTION  22.     Whenever  a  petition  shall  be  presented 

streets— how  to  the  common  council,  signed  by  a  majority  of  the  own- 
ers of  lots  or  parcels  of  land,  fronting  or  abutting  on 
any  street,  or  part  of  a  street,   actually  residing  on  such 


contract  shall  be 
let 


133  MILWAUKEE   CITY   CHARTER.  CHAP. 

7 

lots,  or  parcels  of  land,  and  approved  by  a  majority  of 
the  aldermen  of  the  ward  or  wards  in  which  such  street 
or  part  of  such  street  shall  be  located  requesting  such  or 
part  of  such  street  to  be  sprinkled,  the  common  coun- 
cil shall  order  the  board  of  public  works  to  advertise  for 
sealed  proposals  for  sprinkling  such  street  or  part  of 
such  street.  Such  advertisement  shall  be  published  for 
at  least  six  days  in  the  official  city  papers,  and  shall  state 
the  street  or  part  of  the  street  to  be  sprinkled,  and  for 
what  length  of  time.  All  contracts  shall  be  awarded  by 
said  board  to  the  lowest  bidder  in  compliance  with  the 
provisions  of  section  ten,  of  chapter  five  of  this  act,  and 
shall  be  expressly  subject  to  the  powers  given  to  said 
board  by  said  chapter. 

As  enacted  by  Section  33,  Chapter  144,  Laws  of  1875. 


Section  23.     The  board  of  public  works  shall  assess 


Cost  of  sprinkling 


against  the  several  lots,  parts  of  lots,  or  parcels  of  land,     to  be  assessed 

fronting  or  abutting  on  such  street,  or  part  of  such  street,     against  adjoining 

the  cost  of  sprinkling  such  street,  or  part  of  such  street 

in   front  of  such   lots,  parts  of  lots,  or  parcels  of  land. 

The  cost  of  sprinkling  such  street,  or  part  of  such  street, 

at  its   intersection  with   streets   arid  alleys,    and   across 

public  grounds,  and  to  the  middle  of  such  street,  adjacent 

to  public  grounds,  shall  be  paid  out  of  the  fund  of  the 

ward  in  which  such  work  is  done. 

As  enacted  by  Section  33,  Chapter  144,  Laws  of  1875. 

Section  24.     After  the  completion  and  performance  «    .    .  cnrinidina 
of  any  contract  for  sprinkling,  entered  into  by  the  board     to  be  first  paid 
of  public  works  for   work  chargeable   to   lots   or   lands     **"*  ^^  ^^^'^  *""*'• 
fronting  on  streets  or  alleys  upon  which  such  work  has 
been  done,  the  cost  of  such  work  shall  in  the  first  place 
be  paid  out  of  the  ward  fund  of  the  proper  ward. 

It  shall  be  the  duty  of  the  said  board  to  keep  a  strict 

account  of  the  cost  of  such  work  done  in  front  of  such 

lot  or  parcel  of  land,   and  report  to  the  city  comptroller  „     _,  ^ 

,  1-  r        ^  ^  ....•  i    Board  to  mal(e 

on   the  completion   of  each  such  contract,    stating    and     report  to  oomp- 

certifying  the  description  of  the  lots,  parts  of  lots  or  par-     troller. 

eels  of  land,  in  front  of  which,  work  chargeable  thereto 

under   such   contract,    has   been  done,  and  the    amount 

chargeable  to  each  such  piece  of  property,  and  the  said 

comptroller  shall,  at  the  time  of  making  his  annual  report 

to    the    common    council    of  the  lots  or  parcels  of  land 


CHAP. 

7 


MILWAUKEE   CITY   CHARTER. 


134 


subject  to  special  tax,  or  assessment,  include  therein 
the  said  lots  or  parcels  of  land  so  reported  to  him  by- 
said  board  of  public  works,  with  the  amount  chargeable 
thereto  for  sprinkling,  done  under  such  contracts,  during 
the  preceding  year;  and  such  amounts  shall  be  levied 
on  the  lots  or  parcels  of  land,  respectively,  to  which  they 
are  so  chargeable,  in  like  manner  as  other  special  taxes 
are  levied  in  said  city,  and  when  collected  the  same  shall 
be  credited  to  the  ward  fund  in  which  such  property  is 
situated. 

As  enacted  by   Section   33,  Chapter   144,    Laws   of  1875,  and 
amended  by  Chapter  254,  Laws  of  1881. 


Common  council 
may  cause  streets 
to  be  sprinkled. 


Expense  to  be 
assessed  to 
abutting  owners. 


OHAPTEK  226,  LAAVS  OP  1895. 

AN  ACT  to  enable  cities  to  cause  streets  to  be  sprinkled  at  the 
expense  of  abutting  owners. 

Section  1.  Whenever  there  shall  be  presented  to  the  common 
council  of  any  city  organized  under  any  special  laws  of  this  state, 
a  petition  signed  by  the  owners  of  a  majority  of  the  frontage  upon 
any  street  or  part  of  street  in  such  city,  praying  for  such  street  or 
part  of  street  shall  be  sprinkled  during  a  term  in  such  petition  to 
be  set  forth,  not  exceeding  eight  months,  such  common  council  may 
order  such  sprinkling  to  l>e  done  upon  such  requirements  and  in 
such  manner  as  it  shall  establish;  and  shall  assess  the  expense  of 
such  sprinkling  to  the  owners  of  the  property  fronting  upon  such 
street  or  part  of  street  in  the  same  manner  as  other  special  charges, 
in  proportion  to  the  frontage  of  each  owner's  property  thereon, 
excepting  street  crossings,  which  shall  be  paid  for  by  such  city. 

Section  2.  The  common  council  of  any  such  city  may  let  to 
the  lowest  bidder  the  contract  for  doing  all  sprinkling  to  be  done 
pursuant  of  this  act;  which  contract  shall  be  awarded  upon  public 
notice  to  be  published  in  some  newspaper  to  be  designated  by  such 
common  council  at  least  ten  days  prior  to  the  date  of  awarding 
such  contract.  Such  contract  shall  be  in  such  form  and  with  such 
conditions  as  such  common  council  shall  find  to  be  convenient 
and  just  for  carying  such  work  into  effect. 


Power  of  council  Section  25.  The  common  council  shall  have  power 
to  order  planting  to  order  by  resolution,  adopted  by  a  vote  of  the  majority 
of  shade  trees.  ^^  ^^^  members  elect,  and  a  majority  of  the  aldermen  of 
the  proper  ward,  the  planting  and  preserving  of  shade 
trees  in  the  streets  of  the  city,  at  the  cost  of  the  lots, 
parts  of  lots  and  parcels  of  land,  fronting  or  abutting  on 
such  improvements,  and  in  pursuance  of  such  resolution 
the  board  of  public  works  shall  prepare  plans  and  speci- 
fications and  require  such  work  to  be  done  by  the  owners 


ling  tanks,  etc. 


135  MILWAUKEE   CITY   CHARTER.  CHAP. 

7 
of  property  in  front  of  which  such  work  is  to  be  done, 
and  in  default  thereof  to  let  the  work  by  contract  and 
assess  the  cost  against  such  lots,  parts  of  lots,  and  parcels 
of  land  and  all  the  provisions  of  this  act  in  relation  to 
notices,  proposals,  contracts,  payments  and  certificates 
for  street  improvements  shall  be  applicable  to  the  work 
provided  for  in  this  section,  but  no  assessment  of  benefits 
and  damages  shall  be  made  in  such  cases  and  no  notices 
in  relation  thereto  shall  be  published ;  provided,  however, 
that  no  such  resolution  for  the  planting  or  preserving  of 
shade  trees  in  the  streets  of  the  city  shall  be  passed  by 
the  common  council  unless  a  petition  therefor  shall  first  Petition  to  be  pre- 
be  presented  to  said  common  council  signed  by  the  resi-  sented. 
dents  of  the  city  owning  a  majority  of  the  feet  in  front  of 
all  the  lots  fronting  upon  such  proposed  improvement 
owned  by  residents  of  such  city. 

As  enacted  by  Section  33,  Chapter  144,  Laws  of  1875. 

Section  26.  The  common  council  is  hereby  author-  Relating  to  pur- 
ized,  in  its  discretion,  to  provide  for  the  purchase  of  tanks,  oha^e  of  sprlnl(- 
suitable  for  the  sprinkling  of  streets,  to  be  kept  and 
owned  by  the  city,  and  may  cause  the  work  of  sprinkling 
the  streets  to  be  done  by  men  and  teams  employed  for 
that  purpose  by  the  board  of  public  works,  and  under  its 
direction,  using  the  said  sprinkling  tanks  of  the  city; 
and  in  such  case  it  shall  be  the  duty  of  the  board  of 
public  works  to  keep  a  strict  account  of  the  cost  of  such 
sprinkling  done  in  front  of  each  lot  or  parcel  of  land, 
and  to  make  a  report  thereof  to  the  comptroller  on  or 
before  the  15th  day  of  November,  in  each  year,  and  such 
cost  shall  be  charged  and  assessed  upon  the  property  in 
front  of  which  such  sprinkling  is  done,  in  like  manner  as 
provided  in  and  by  section  24.  of  the  sub-chapter  hereby 
amended,  as  amended  by  Chapter  254,  of  the  Laws  of 
1881;  provided,  however,  that  in  the  First,  Second,  Third, 
Fourth,  Fifth,  Six,  Seventh,  Eighth,  Eleventh,  Twelfth 
and  Thirteenth  wards  of  the  city,  the  cost  of  such  sprink- 
ling done  in  said  wards  shall  be  charged  to  and  paid  out 
of  the  ward  funds  of  said  wards  respectively,  and  no 
assessment  upon  the  property  in  front  of  which  said 
sprinkling  is  done  shall  be  made  therefor. 

As  enacted  by  Section  24,  Chapter  324,  Laws  of  1882,  as  amended 
by  Chapter  420,  Laws  of  1887,  and  further  amended  bv  Chapter 
372,  Laws  of  1891. 


CHAP. 

7 


MILWAUKEE   CITY   CHARTER. 


136 


The  corporate  authorities  are  not  vested  of  the  fee  of  land 
dedicated  to  public  use,  but  only  of  the  use  of  it  for  the  purposes 
for  which  it  was  dedicated. 

Goodall  vs.  Milwaukee,  5  Wis.,  32. 

Milwaukee  vs.  R.  R.  Co.,  7  Wis.,  76. 


pay- 


Extension  of 
ment  of 
ment  of  benefits, 
how  made. 


Application  for  ex- 
tension, when  to 
be  made. 


What  to  contain. 


CHAPTER    310,    LAWS    OF    1893. 

AN  ACT  relating  to  special  assessments  for  grading,  paving  and 
improving  streets,  and  the  issue  of  improvement  bonds  there- 
for, in  cities  of  twenty  thousand  inhabitants  and  upwards. 

Section  1.  Whenever,  in  any  city  having  a  population  of 
twenty  thousand  inhabitants  or  more,  the  grading,  paving,  or 
repaving  of  any  street  or  avenue,  with  a  permanent  paving,  having 
a  concrete  foundation,  shall,  in  any  manner,  have  been  duly 
authorized,  and  a  specification,  together  with  an  estimate  of  the 
cost  of  such  work,  has  been  prepared  and  filed,  and  the  necessary 
assessments  of  benefits  and  damages  against  the  several  lots,  parts 
of  lots  or  parcels  of  land,  which  may  be  deemed  benefited  or 
damaged  by  the  proposed  permanent  improvements,  shall  have 
been  made  and  approved  or  confirmed,  and  the  contract  for  such 
improvement  shall  have  been  entered  into,  the  board  of  public 
works,  or  in  the  absence  of  the  existence  of  such  board,  the 
common  council,  is  hereby  authorized,  within  two  weeks,  after  the 
letting  of  such  contract,  by  resolution  to  determine  that  any 
owner  or  owners  of  any  lots,  parts  of  lots  or  parcels  of  land  which 
may  be  assessed  with  benefits  on  account  of  such  permanent 
improvement,  shall  have  the  option  at  any  time  within  thirty 
days  after  the  passage  and  publication  of  such  resolution  to  apply 
for  an  extension  of  the  payments  of  such  assessments  of  benefits 
to  his  or  their  property  by  paying  therefor  in  equal  annual  install- 
ments for  such  a  period  as  the  board  of  public  works  or  the 
common  council  may  in  such  resolution  determine,  not  less  than 
five  and  not  exceeding  ten  years,  the  first  installment  to  become 
due  and  payable,  without  interest,  immediately  after  the  comple- 
tion of  the  first  tax  sale  succeeding  the  date  of  the  bond  herein- 
after provided  for. 

Section  2.  Any  owner  or  owners  of  any  lots,  parts  of  lots  or 
parcels  of  land,  which  may  be  assessed  with  benefits  on  account  of 
any  such  permanent  improvement,  may,  within  thirty  days  after  the 
passage  and  publication  of  such  resolution,  make  application  to  the 
board  of  public  works,  or,  in  the  absence  of  the  existence  of  such 
board,  to  the  city  clerk,  for  the  extension  of  the  payment  of  such 
assessment  of  benefits  to  his  or  their  property,  and  such  application 
shall  contain  an  agreement  that  in  consideration  of  the  privilege 
granted  by  such  resolution,  he  or  they  will  make  no  objection  to  any 
illegality  or  irregularity  in  regard  to  the  assessments  against  his  or 
their  property,  and  will  pay  the  same  in  equal  annual  installments, 
together  with  interest  upon  the  unpaid  balances,  at  a  rate  of  inter- 
est not  exceeding  six  per  centum  per  anum,  and  for  such  a  term  of 
years  as  in  such  resolution  may  have  been  provided.  Such  appli- 
cation shall  also  contain  a  brief  description  ot  the  property  and 


137 


MILWAUKEE   CITY   CHARTER. 


that  the  applicant  is  the  owner  thereof.  After  the  expiration  of 
the  time  within  which  such  application  may  be  made,  an  assess- 
ment list  shall  be  prepared  containing  a  description  of  each  piece 
of  property,  the  owner  or  owners  of  which  have  agreed  to  pay  for 
such  improvement  in  installments,  showing  the  amounts  charge- 
able to  such  property,  together  with  the  necessary  columns  to 
which  the  installment  assessment  shall  be  extended,  showing  the 
amount  of  each  installment  and  interest,  arfd  when  payable,  and  a 
copy  of  each  such  assessment  list  shall  be  filed  with  the  city  clerk,  the 
city  comptroller  and  the  city  treasurer.  In  all  cases  where  such 
agreement  has  not  been  signed  within  the  time  limited,  the 
entire  assessment  shall  be  payable  in  the  manner  and  at  the  time 
as  is  now  provided  for  the  payments  of  assessments  on  account  of 
street  or  other  improvements. 

Section  3.  Whenever  an}'  contract  is  entered  into  for  such 
permanent  improvement,  such  contract  shall,  in  addition  to  the 
requirements  now  provided  for  by  law  in  such  cases,  stipulate  that 
the  contractor  shall  receive,  to  apply  in  payment  of  the  contract 
price,  street  improvement  bonds  upon  or  against  the  several  lots, 
parts  of  lots  or  parcels  of  land,  the  owner  or  owners  of  which  have 
agreed,  as  hereinbefore  provided,  to  avail  themselves  of  the  privilege 
of  paying  for  such  improvement  in  equal  annual  installments;  and 
upon  the  completion  and  performance  of  .such  contract,  the  con- 
tractor shall  receive  on  account  and  in  payment  for  his  work,  said 
bond  or  bonds  upon  or  against  said  several  lots,  parts  of  lots  or 
parcels  of  land,  to  an  amount  not  exceeding  the  assessment  of 
benefits  against  such  lots,  parts  of  lots  or  parcels  of  land  by  reason 
of  such  permanent  improvement. 

Section  4.  After  the  performance  and  completion  of  any  con- 
tract for  the  grading  or  the  paving  and  repaving  of  any  street  or 
avenue  with  a  permanent  pavement,  having  a  concrete  foundation, 
and  in  case  the  owner  or  owners  off'any  lot,  parts  of  lots  or  parcels  of 
land  tronting  or  abutting  on  such  street  or  avenue  shall  have  applied 
for  an  extension  of  time  for  the  payment  of  assessments  as  provided 
in  section  2,  of  this  act,  the  board  of  public  works,  or,  in  the  absence 
of  the  existence  of  such  board,  the  city  clerk,  shall  issue  bonds 
against  said  lots,  parts  of  lots,  or  parcels  of  land,  for  the  amounts 
chargeable  against  such  property,  said  bonds  to  be  made  payable 
within  the  time  limited  in  the  resolution,  which  may  have  been 
passed  in  accordance  with  section  1,  of  this  act.  Such  bonds  shall 
be  designated  as  "Street  Improvement  Bonds;"  shall  bear  the  name 
of  the  street  or  avenue  for  which  they  are  issued;  shall  be  made  pay- 
able to  the  contractor  doing  the  work,  or  bearer;  shall  be  made 
negotiable;  shall  state  the  amount  of  work  done  by  the  contractor, 
the  nature  thereof,  and  a  description  of  the  property  upon  which 
the  same  is  chargeable;  shall  be  issued  in  the  name  of  the  city  and 
countersigned  by  its  comptroller,  but  neither  the  city  nor  any 
officer  thereof  shall  become  liable  or  holden  for  any  part  thereof, 
either  principal  or  interest,  excepting  for  so  much  as  has  been 
actually  collected  by  the  city  treasurer  for  the  payment  of  such 
part  of  the  improvement  for  which  such  bonds  have  been  issued. 
Such  bonds  shall  bear  interest  at  a  rate  not  exceeding  six  per  centum 
per  annum,  from  and  after  the  first  day  of  February  succeeding  the 


CHAP. 

7 


Assessment  list  to 
be  prepared; what 
to  contain. 


Contract  for  im- 
provement to  con- 
tain agreement  to 
accept  bonds  in 
payment 


Street  improve- 
ment bonds,  when 
may  be  issued 
against  lots,  etc. 


Bonds,  form  of. 


Rate  of  interest. 


CHAP. 

7 


MILWAUKEE   CITY   CHARTER. 


138 


Bonds  to  be  first 
lien;  when  may 
be  foreclosed. 


Assessment  may 
be  paid  at  any 
time. 


date  of  issue,  and  shall  have  attached  thereto  coupons,  each  in 
amount  equal  to  the  annual  payment  due  on  such  bond,  together 
with  the  accrued  interest.  Said  coupons  and  bonds  shall  be  pay- 
able at  the  office  of  the  city  treasurer,  immediately  after  the  com- 
pletion of  the  tax  collection  each  year  to  the  extent  of  the  moneys 
received  by  him  on  account  of  the  improvements  for  which  such 
bonds  have  been  issued.  Said  bonds  shall  be  a  first  lien  against 
any  lots,  parts  of  lots,  6t  parcels  of  land,  and  in  case  "of  failure  of 
the  payment  of  any  installment  or  interest  thereon,  when  the  same 
becomes  due,  the  whole  amount  of  such  bond,  together  with  the 
interest  chargeable  against  any  such  lot,  parts  of  lots  or  parcels  of 
land,  the  owner  or  owners  of  which  has  failed  to  pay  the  annual 
assessment  or  interest,  shall,  at  the  election  of  the  holder  of  such 
bond,  to  be  exercised  within  thirty  days  after  such  default,  forth- 
with become  due  and  payable  and  may  be  recovered  in  any  court 
of  competent  jurisdiction,  as  mortgages  are  foreclosed,  recovering 
a  reasonable  attorney's  fee  and  costs.  The  owner  or  owners  of  any 
lots,  part  of  lots,  or  parcels  of  land  upon  which  bonds  are  issued, 
may  at  any  time  pay  to  the  city  treasurer  the  entire  unpaid  assess- 
ment and  accrued  interest,  and  receive  a  release  of  the  lien  and 
assessment  against  his  property  by  paying  to  the  city  treasurer,  in 
addition  to  said  assessment  and  accrued  interest,  interest  on  said 
bonds  for  the  period  of  three  months  after  such  payment  of  the  assess- 
ment. The  issuance  of  said  bonds  shall  be  conclusive  evidence  of  the 
regularity  of  all  previous  proceedings  and  the  validity  of  said  lien. 
No  error  or  irregularity  upon  the  part  of  any  taxing  or  other  officer 
in  connection  with  the  making  of  such  assessments  or  issue  of  such 
bonds,  not  going  to  the  substantial  justice  of  the  case,  shall 
invalidate  said  bonds. 

Section  5.  The  proper  city  official  shall,  in  preparing  the 
annual  tax  roll,  enter  the  amount  of  the  annual  installment  assess- 
ment together  with  the  accrued  interest,  against  the  several  pieces 
of  property  on  said  tax  roll  according  to  the  assessment  list 
prepared  and  filed  in  the  office  of  the  city  clerk  for  the  term  of 
years  that  such  installment  assessment  list  may  cover,  and  until 
the  entire  amount  chargeable  to  such  property  on  account  of  the 
permanent  pavement  improvement,  and  the  interest  thereon,  shall 
have  been  taxed  and  levied  against  such  property;  and  such 
assessment  shall  be  collectable  by  the  city  treasurer,  as  other  taxes 
are  collected  by  him.  The  city  treasurer  shall  keep  a  separate 
account  of  the  funds  arising  from  the  collection  of  such  install- 
ment assessments  and  interest,  and  such  funds  shall  not  be  diverted 
to  the  payment  of  any  other  improvement  than  that  for  which  the 
same  were  collected,  and  he  shall  enter  upon  each  assessment  list, 
in  its  proper  column  and  place,  such  amounts  as  have  been  paid, 
and  such  lists  shall  be  open  to  the  public  examination.  As  soon 
as  the  coupons  or  bonds  shall  have  been  paid  by  the  city  treasurer, 
he  shall  cancel  the  .same  and  turn  them  over  to  the  city  comp- 
troller, by  whom  they  shall  be  kept  on  file. 

Property  fronting  Section  6.     No  property  fronting  on  any  street  or  avenue  shall 

on  street,  when  be   exempt   from   any  assessment  of  benefits  on   account   of  the 

to  be  exempt  paving  of  such  street  or  avenue  with  a  permament  pavement  having 

from  assessment  a  concrete  foundation,  until  such  property  shall  have  paid  in  the 


Annual  installment 
assessment  to  be 
entered  on  tax 
roll. 


Treasurer  to  keep 
separate  account. 


139  MILWAUKEE   CITY   CHARTER.  CHAP. 

7 

aggregate  in  assessments  for  street  pavements  in  front  thereof, 
the  sum  of  three  dollars  per  square  yard  for  all  that  part  of  the 
roadway  directly  in  front  of  or  abutting  such  property,  and  lying 
between  the  curb  line  and  the  center  of  such  roadway  of  said 
street.  Where  any  property  has  paid  less  than  said  amount  it 
shall  be  liable  for  any  difference  up  to  the  amount  of  three 
dollars. 

Section  7.  All  acts  or  pgrts  of  acts  which  are  inconsistent 
with  this  act,  or  not  in  harmony  with  its  provisions  and  operation, 
are  hereby  declared  to  be  modified,  amended,  superseded  or 
repealed  in  so  far  as  they  interfere  or  are  at  variance  with  the  true 
intent,  meaning  and  operation  of  this  act.  This  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  publication. 


CHAPTEK    479,   LAAATS    OF    1891. 

Section  1.     The  common  council  of  the  city  of  Milwaukee  is   Common  council 
hereby  authorized  and  directed  within  sixty  days  after  the  passage     may  improve  low 
and  publication  of  this  act,  by  resolution  or  ordinance  to  direct     and  marsh  lands 
the  board  of  public  works  of  said  city  to  proceed  and  complete     'i  Menomonee 
within  a  time  limited  to  five  years,  to  fill  up  and  improve  the  low     valley. 
and  marsh  land  upon  which  there  may  be  stagnant  water  in  parts 
and  portions  of  the  southwest  and  southeast  quarters  of  section 
30,  and  the  northwest  and  northeast  quarters  of  section  31,  what 
is  called  and  known  as  the  Menomonee  valley,  in  the  Eighth  and 
Sixteenth  wards  of  the  city  of  Milwaukee,  and  to  abate  and  remove 
any  nuisance,  source  of  filth  or  cause  of  sickness  therein,  proceed- 
ing and  completing  the   filling  and   improvement   of   one-fifth 
thereof  as  near  as  may  be  each  year. 

Section  2.  Whenever  the  board  of  public  works  of  the  city  D«a-(i  q*  nnblic 
of  Milwaukee  shall  be  directed  by  the  common  council  thereof,  works  to  recom- 
as  herein  provided,  to  fill  up  or  improve  the  low  and  marsh  land  mend  work  done, 
upon  which  there  may  be  stagnant  water  in  the  so  called  valley  of  when, 
the  Menomonee  of  said  city,  hereinbefore  designated,  and  to  abate 
and  remove  any  nuisance,  source  of  filth  or  cause  of  sickness 
therein,  said  board  shall  cause  to  be  made  an  estimate  of  the  cost 
of  said  work  and  shall  put  the  same  on  file  in  its  office,  and  such 
estimate  shall  be  open  to  the  inspection  of  any  party  interested. 
Thereupon  the  said  board  of  public  works  shall  make  to  the  com- 
mon council  such  recommendation  in  relation  to  the  proposed 
work  as  it  may  deem  proper;  and  upon  the  same  being  adopted  by 
the  common  council  in  whole  or  in  part  the  said  board  shall  order 
so  much  of  the  work  to  be  done  as  shall  have  been  adopted;  and 
shall  enter  into  a  contract  for  the  doing  of  the  same  as  other 
contracts  for  city  work  are  made.  Provided,  that  the  owner  of  any 
lot  or  parcel  of  land  so  proposed  to  be  filled  or  improved,  or  upon 
which  any  nuisance,  source  of  filth  or  cause  of  sickness  may 
exist,  which  said  city  may  order  abated  or  removed,  may  enter 
into  an  agreement  with  the  said  city  of  Milwaukee,  to  fill  up  and 
improve  said  lot  or  parcel  of  land  so  owned  by  him,  or  abate  and 
remove  any  nuisance,  source  of  filth  or  cause  of  sickness  thereon, 
within  the  time  limited  in  such  resolution  or  ordinance,  such  work 


CHAP. 

7 


Duty  of  board 
ordering  work 
done. 


MILWAUKEE   CITY    CHARTER. 


140 


Notice  of 
ment  of  benefits 
and  damages, 
when  and  how 


to  be  so  done  by  such  owner  under  the  direction  and  to  the  satis- 
faction of  said  board  of  public  works. 

Section  3.  Before  ordering  any  work  to  be  done  pursuant 
to  such  resolution  or  ordinance,  the  said  board  of  public  works 
shall  view  the  premises,  and  consider  the  amount  proposed  to  be 
made  chargeable  against  said  several  lots  or  pieces  of  land,  and 
the  benefits  which,  in  their  opinion,  will  actually  accrue  to  the 
owner  or  owners  of  the  same  in  consequence  of  such  improve- 
ment, and  shall  assess  against  the  several  lots  or  pieces  of  land,  or 
parts  of  lots  or  pieces  of  land  wnich  they  may  deem  benefited  by 
the  proposed  improvement,  the  .amount  of  such  benefit  which 
such  lots  or  pieces  of  land  will  severally,  in  the  opinion  of  said 
board,  derive  from  the  improvement  when  completed  in  the 
manner  contemplated  and  the  estimate  of  the  cost  of  said  work 
made  and  provided  in  section  2,  of  this  act,  taking  into  consider- 
ation in  each  case  any  injury,  which  in  the  opinion  of  the  board, 
may  result  to  each  lot  or  piece  of  land  from  such  improvement; 
and  in  case  the  benefits,  in  their  opinion,  amount  to  less  than  the 
cost  of  the  improvement,  the  balance  shall  be  paid  out  of  the  ward 
fund,  in  which  such  lot  or  tract  of  land  is  situated,  and  the  said 
board  shall  endorse  their  decision  and  assessment  in  every  case  on 
the  estimate  of  the  cost  of  such  improvement  filed  in  their  office. 
Provided,  any  owner  of  any  lot  or  parcel  of  land,  who  shall 
personall)^  or  by  his  authorized  agent,  have  signed  a  petition 
asking  for  such  improvement,  shall  not  be  entitled  to  compensa- 
tion, but  every  such  owner  shall  be  deemed  thereby  to  have 
waived  and  relinquished  all  claim  to  compensation  for  any  injury 
in  consequence  thereof,  and  no  damages,  cost  or  charges  arising 
to  such  owners  from  such  improvement  shall  be  assessed  or  paid. 
No  action  shall  lie  against  any  officer,  agent,  servant  or  employe 
of  the  city  of  Milwaukee  or  any  contractor  or  his  servants  or 
employes  who  may  enter  upon,  in  or  upon  any  of  the  premises 
herein  intended  to  be  improved  pursuant  to  the  provisions  thereof 
for  trespass  or  otherwise. 

Section  4.  As  soon  as  any  assessment  of  benefits  or  damages, 
or  both,  shall  be  made,  as  in  the  preceding  sections  of  this  chapter 
provided,  the  said  board  shall  give  notice  to  all  parties  interested, 
by  advertisement  for  not  less  than  four  days  in  the  official  papers 
of  the  said  city,  that  such  assessment  has  been  made  and  is  ready 
for  inspection  in  its  office,  and  that  the  same  will  be  open  for 
review  and  correction  by  the  said  board,  at  its  office,  for  not  less 
than  four  days  after  the  first  publication  of  such  notice,  during 
certain  hours,  not  less  than  two  hours  of  each  day,  and  that  all 
persons  interested  will  be  heard  by  said  board,  in  objection  to 
such  assessment,  and  generally  in  the  matter  of  such  review  and 
correction.  It  shall  be  sufficient  to  state  in  such  notice,  in  brief, 
that  such  assessment  has  been  made  for,  and  in  what  localit}',  and 
no  further  notice  or  publication  of  such  assessment  shall  be 
necessary.  During  the  time  mentioned  in  such  notice,  the  said 
board  shall  hear  objections  and  evidence,  and  they  shall  have 
power  to  review,  modify  and  correct  such  assessment,  in  such 
manner  as  they  shall  deem  just,  at  any  time  during  such  review, 
and   for  three  days  thereafter;    and   thereupon  said  board  shall 


141 


MILWAUKEE   CITY    CHARTER. 


CHAP. 

7 


endorse  such  corrected  and  completed  assessment  upon  or  annex 
the  same  to  the  estimate  of  the  cost  of  such  improvement,  made 
and  filed  in  its  office,  as  provided  in  section  3,  of  this  act,  and 
shall  file  a  duplicate  of  such  estimate  and  assessment  in  the  office 
of  the  city  clerk,  who  shall  lay  the  same  before  the  common 
council  at  its  meeting;  and  thereupon  the  common  council  may 
confirm  or  correct  said  assessments,  or  any  of  them,  or  may  refer 
the  same  back  to  the  board  of  public  works  for  revision  and  cor- 
rection; and  the  said  common  council,  and  the  said  board  of 
public  works  shall  respectively  have  the  like  powers  and  perform 
the  like  duties  in  relation  to  such  assessment,  and  any  subsequent 
assessment  made  pursuant  to  such  reference  by  the  common 
council  as  are  prescribed  and  conferred  in  relation  to  the  first 
assessment. 

Section  5.  Such  contract  shall  require  the  contractor  to  receive 
certificates  upon  or  against  the  several  lots,  parts  of  lots,  or  pieces 
of  land  which  may  be  assessed  with  benefits  on  account  of  such 
improvement,  such  certificates  to  apply  in  payment  of  the  contract 
price  for  the  doing  of  said  work,  and  they  shall  be  a  lien  upon  said 
lot  or  tract  of  land;  provided  that  in  any  case  if  the  contract  price 
of  the  work  shall  exceed  the  benefits  assessed,  such  excess  shall  be 
paid  out  of  the  ward  fund  in  which  such  lot  or  tract  of  land  is 
situated  in  the  city  of  Milwaukee. 

Section  6.  The  owner  of  any  lot  or  tract  of  land,  or  tenement, 
who  feels  himself  aggrieved  by  such  assessment,  as  confirmed  by 
the  common  council,  as  to  the  amount  of  benefits  thereby  adjudged 
to  him  by  reason  of  any  improvement  charged  against  his  lot  or 
parcel  of  land  more  than  twenty  days  after  such  confirmation  by 
the  common  council  may  appeal  therefrom  to  the  circuit  court  of 
Milwaukee  county  and  such  appeal  shall  be  taken,  tried  and  deter- 
mined, and  bonds  for  costs  shall  be  given,  and  costs  awarded 
therein  in  like  manner  as  in  cases  ot  appeals  to  the  circuit 
court  in  chapter  6,  of  the  charter  of  said  city.  Such  appeal 
shall  not  affect  the  rights  of  the  contractor,  or  the  proceed- 
ings in  reference  to  his  contract,  but  the  certificate  against 
the  lot  or  parcel  of  land  in  question,  shall  be  given  as  if  no 
appeal  had  been  taken;  and  in  case  the  appellant  shall  succeed, 
the  difference  between  the  amount  charged  and  the  certificate  and 
the  amount  of  the  benefit  finally  adjudged,  shall  be  paid  by  the 
city  out  of  the  proper  ward  fund  to  the  appellant,  but  not  until  he 
shall  have  done  the  work  in  question  or  have  paid  the  certificate 
issued  for  doing  the  same.  The  amount  assessed  by  the  board  of 
public  works  or  finally  adjudged  on  appeal  for  damages,  costs  and 
charges  arising  from  such  improvement  in  excess  of  the  charges 
against  property  deemed  benefited,  shall  be  paid  by  the  city  out  of 
the  proper  ward  fund  to  the  person  or  persons  thereto  entitled, 
within  one  year  after  the  confirmation  of  the  assessment  by  the 
common  council  or  after  final  judgment  therefor  by  the  court  on 
appeal  as  aforesaid;  provided,  that  the  time  during  which  an 
appeal  from  said  confirmation  may  be  pending  shall  not  be  deemed 
part  of  the  year  so  limited. 

Section  7.     The  appeal  given  by  the  last  preceding  section 
from  the  assessment  of  the  board  of  public  works,  as  confirmed  by 


Contracts, 
require. 


what  to 


Owner  may][appeal 
from  assessment. 


Appeal  the  only 
remedy. 


CHAP.  MILWAUKEE   CITY   CHARTER.  142 

7 

the  common  couucil  to  the  said  circuit  court,  shall  be  the  only- 
remedy  for  the  recovery  of  any  damages,  costs  and  charges  arising 
from  any  works  done  by  virtue  of  this  act  by  the  said  city  or  sus- 
tained by  reason  of  any  proceedings  or  acts  of  said  city,  or  its 
officers,  in  the  matter  to  which  such  assessment  of  damages  or 
benefits  relates;  and  no  action  at  law  shall  be  maintained  for  such 
damages  or  injuries  arising,  whether  arising  from  the  filling  of  said 
lot  or  parcel  of  land  or  the  abatement  of  any  nuisance  in  any 
manner  which  may  be  caused  by  stagnant  water  or  otherwise. 

Certificates  how  Section  8.     After  the  completion  and  performance    of    any 

issued.  contract  entered  into  by  the  board  of  public  works  for  work  done 

pursuant  to  the  provisions  of  this  act,  they  shall  give  to  the  con- 
tractor or  contractors  a  certificate  signed  by  the  board  of  public 
works  or  the  president  thereof,  countersigned  by  the  comptroller, 
stating  the  amount  of  work  done  by  such  contractor,  the  nature 
thereof,  and  the  description  of  the  lots  and  parcels  of  land  upon 
which  the  same  is  chargeable;  which  said  certificate  shall  be  a  lien 
upon  said  lot,  part  of  lot  or  tract  of  land;  it  shall  be  the  duty  of  the 
comptroller  to  keep  a  register  of  all  certificates  issued  by  the  board 
of  public  works  against  lots,  and  countersigned  by  him,  which  said 
certificate  may  be  paid  by  the  owner  or  owners  of  such  lots  at  any 
time  before  the  sale  of  such  lots  for  the  non-payment  of  taxes,  and 
the  city  treasurer  who  shall  receive  the  amount  paid  on  such  cer- 
tificates and  hold  the  same  for  the  benefit  of  the  owners  of  such 
certificates,  and  such  owners  shall  be  entitled  thereto  on  producing 
and  surrendering  such  certificates  to  be  cancelled. 


Assessments  to  be 


Section  9.     In  all  cases  where'  by  the  provisions  of  this  act,  any 
J  IjgP^  special  charge  or  assessment  is  made  a  lien  upon  land,  the  amount 

of  such  charge  or  assessment  shall  be  carried  out  on  the  tax  roll  in 
a  separate  column  or  columns,  opposite  the  lot  or  tract  upon  which 
the  same  may  be  a  lien;  and  the  treasurer  may  collect  and  sell,  and 
do  all  other  acts  in  relation  thereto,  in  the  same  manner  as  if  the 
amount  of  such  lien  was  a  general  tax. 

Section  10.     This  act  shall  be  amendatory  of  the  charter  of  the 

IM  laws  of  "^y  °^  Milwaukee,  being  chapter  184,  of  the  laws  of  1874,  entitled, 

^Q-y4.^  **  an  act  to  revise,  consolidate  and  amend  the  charter  of  the  city 

of  Milwaukee,  approved  February  20,  1852,   and  the  several  acts 

amendatory  thereof,"  and  the  several  acts  amendatory  thereof 


CHAPTER    302,    LAWS    OF    1895. 

AN  ACT  relating  to  legalizing  special  assessments  for  street  im- 
provements and  providing  for  re-assessments  of  special  taxes  in 
certain  cases  in  all  cities  of  the  first  and  second  class  in  this 
state. 

Section  1.     In  case,  in  any  action,  now  pending  or  hereafter 
In  any  action  to  set   bj-o^ght  to  set  aside  or  vacate  any  special  assessment  against  pro- 
court  may  stay    '    V^^^y>  ^^r  opening,  widening  or  extending  any  street  or  alley  or 
proceedings.  part  thereof,  or  for  grading,  graveling,  macadamizing,  paving  or 

repaving  any  street  or  alley,  or  part  thereof,  or  making  any  other 
improvement  thereof,  or  for  constructing  any  sewer  therein,  in 
any  city  of  this  state,  or  to  set  aside  or  vacate  any  special  assess- 


143 


MILWAUKEE   CITY   CHARTER. 


CHAP. 

7 


meiit  certificate,  tax  sale  or  tax  sale  certificate,  based  upon  such 
special  assessment,  the  court  shall  be  of  the  opinion,  after  a  hear- 
ing in  that  behalf  had,  that  such  assessment  is  invalid  by  reason 
of  a  defective  assessment  of  benefits  and  damages,  it  shall  stay 
all  proceedings  in  such  action  until  a  new  assessment  thereof  is 
had  in  the  manner  hereinafter  mentioned.  Thereupon,  the  pro- 
per city  authorities  shall  proceed  to  make  a  new  assessment  of 
benefits  and  damages  against  the  property  of  the  plaintiff  in  such 
action,  in  like  manner  as  required  by  law  in  the  case  of  such 
original  assessment,  and  such  plaintiff  shall  have  the  same  right 
to  appeal  from  such  new  assessment  as  he  or  his  grantors  would 
have  had  from  such  original  assessment.  If  the  plaintiff"  shall 
desire  to  contest  the  validity  of  such  new  assessment,  he  shall, 
within  ten  days  after  its  confirmation  by  the  common  council,  file 
with  the  clerk  of  the  court,  and  serve  upon  the  defendant's 
attorneys,  his  objections  in  writing  to  such  new  assessment,  and 
thereupon  the  court  shall  direct  an  issue  to  be  made  up  involving 
the  objections  aforesaid,  which  issue  shall  be  tried  summarily  by 
the  court,  and  thereupon  the  court  shall  file  an  order  sustaining 
or  overruling  the  objections  of  the  plaintiff  aforesaid.  When  by 
such  order  such  new  assessment  of  benefits  and  damages  shall  be 
held  invalid,  subsequent  assessments  may  be  had,  in  the  manner 
and  form  as  hereinbefore  provided,  and  the  same  proceedings  may 
be  resorted  to,  to  determine  the  validity  of  such  assessments. 
When  the  amount  to  be  assessed  against  the  plaintiff"'s  property 
has  been  finally  determined  by  an  assessment  of  benefits  and 
damages  to  which  no  objections  are  filed,  as  aforesaid,  or  which, 
if  objections  are  so  filed,  the  court  shall  hold  to  be  valid  and 
regular,  or,  when  an  appeal  is  taken,  upon  such  appeal,  the  court 
shall  make  an  order  requiring  the  plaintiff"  to  pay  into  court, 
within  a  time  to  be  fixed  by  such  order,  for  the  use  and  benefit  of 
the  defendant,  or  the  parties  entitled  thereto,  the  amount  which, 
based  upon  such  valid  new  assessment,  he  ought  justly  to  pay,  or 
which  should  be  justly  and  equitably  assessed  against  the  property 
in  question,  and  the  court  shall,  upon  the  plaintiff's  complying 
with  said  order,  within  the  time  so  limited,  order  judgment  for  the 
plaintiff  with  costs,  and  in  default  of  plaintiff  complying  with 
such  order  within  the  time  so  limited,  the  action  shall  be  dismissed 
with  costs  in  favor  of  the  defendant. 

Section  2.  If,  in  any  action  now  pending  or  hereafter  com- 
menced, the  validity  of  any  special  assessment  certificate,  or  tax 
sale  or  tax  sale  certificate,  based  upon  an  assessment  for  any  of 
the  purposes  mentioned  in  section  1,  of  this  act,  is  attacked  and 
sought  to  be  set  aside,  upon  grounds  other  than  those  aff"ecting  the 
validity  of  the  assessment  of  benefits  and  damages,  or  in  addition 
thereto,  the  court  after  hearing  in  that  behalf  had,  shall  be  of 
opinion  that  the  same  is  void  by  reason  of  any  failure  to  observe 
any  provision  of  law,  or  by  reasons  of  any  act  or  defect  in  the 
proceedings  upon  which  such  special  assessment  certificate,  tax 
sale  or  tax  sale  certificate  is  based,  which  has  intervened  to  the 
prejudice  of  the  plaintiff,  it  shall  immediately  stay  all  proceedings 
in  the  action,  and  shall  cause  an  issue  to  be  made  up  involving 
the  extent  of  the  injury  which  the  plaintiff  has  suff"ered  by  reason 


City  authorities  to 
make  new 
assessment. 


Plaintiff  contesting 
validity  of  new 
assessment,  to 
file  objections. 


Court  may  cause 
issue  to  be  made 
up,  when. 


CHAP. 

7 


MILWAUKEE   CITY   CHARTER. 


144 


Court  may  require 
plaintiff  to  pay 
into  court  the 
amount  he  should 
justly  pay,  when. 


No  special  assess- 
ment to  be  invalid 
by  reason  of 
guarantee  to  keep 
work  good  for 
term  of  years. 


of  such  failure  or  such  act  or  defect,  and  such  issue  shall  be  tried 
summarily  by  the  court.  In  the  event  that  in  such  action  the 
validity  of  the  assessment  of  benefits  and  damages  upon  which 
such  special  assessment  certificate,  tax  sale  or  tax  sale  certificate 
is  based,  is  attacked  and  such  assessment  shall  be  set  aside,  such 
issue  shall  only  be  tried  after  a  new  assessment  has  been  had,  as 
provided  by  section  1  of  this  act. 

When  such  issue  has  been  tried  and  determined,  the  court  shall 
make  an  order  requiring  the  plaintiff  to  pay  into  court,  within  the 
time  to  be  limited  in  such  order,  for  the  use  and  benefit  of  the 
defendant,  or  parties  entitled  thereto,  the  amount  which  he  ought 
justly  to  pay,  or  which  should  be  justly  and  equitably  assessed 
against  the  property  in  question,  based  upon  the  finding  of  the 
court  upon  such  issue,  or  in  case  a  new  assessment  of  benefits  and 
damages  is  had,  upon  such  new  assessment  and  such  finding,  and 
upon  such  payment  being  made  within  such  time,  the  court  shall 
order  judgment  for  the  plaintiff  with  costs,  but,  in  the  event  that 
the  plaintiff  fails  to  pay  such  amount  within  the  time  so  fixed  by 
the  court,  the  action  shall  be  dismissed  with  costs  in  favor  of  the 
defendant. 

Section  3.  No  special  assessment  or  certificate  thereof  or  tax 
sale  certificate  based  thereon  shall  be  held  to  be  invalid  for  the 
reason  that  any  contract  which  has  been  heretofore  or  may  here- 
after be  let,  contains  on  the  part  of  the  contractor  a  guarantee  or 
any  provision  to  keep  the  work  done  under  such  contract  in  good 
order  or  repair  for  a  limited  number  of  years,  when  such  guaranty 
or  provision  was  inserted  therein  for  the  purpose  of  insuring  the 
proper  performance  of  such  work  in  the  first  instance.  All  such 
provisions  in  contracts  for  doing  public  work,  inserted  for  the 
purpose  aforesaid,  are  hereby  legalized,  and  all  such  provisions 
shall  be  deemed  prima  facie  to  have  been  inserted  for  that  purpose, 
unless  the  time  during  which  the  contractor  is  required  to  keep 
the  work  in  good  order  or  repair  shall  exceed  five  years. 

Section  4.  All  acts  or  parts  of  acts  which  are  inconsistent 
with  this  act,  or  not  in  harmony  with  its  provisions  and  operations, 
are  hereby  declared  to  be  modified,  amended,  superseded  or 
repealed,  in  so  far  as  they  interfere  with  or  are  at  variance  with 
the  true  intent,  meaning  and  operation  of  this  act. 

Section  5.  The  provisions  of  this  act  shall  not  apply  to  cities 
of  the  third  or  fourth  class,  whether  operating  under  general  or 
special  charters. 


Sewerage  districts. 


CHAPTER  VIII. 
SEWERS. 

Section  1.  The  city  of  Milwaukee  is  hereby  divided 
into  three  sewerage  districts,  as  follows:  All  that  part 
ot  the  city  embraced  in  the  First,  Third  and  Seventh 
wards,  shall  constitute  one  district,  to  be  known  as  the 
East  sewerage  district.     All  that  part  of  said  city  embraced 


145  MILWAUKEE   CITY   CHARTER.  CHAP. 

8 

in  the  Second,  Fourth,  Sixth,  Ninth,  Tenth  and  Thir- 
teenth wards,  shall  constitute  one  district,  to  be  known 
as  the  West  sewerage  district.  All  that  part  of  said  city- 
embraced  in  the  Fifth,  Eighth,  Eleventh  and  Twelfth 
wards,  shall  constitute  one  district,  to  be  known  as  the 
South  sewerage  district. 

The  Bay  View  sewerage  district,   comprising  the  Seventeenth 
ward,  was  created  by  chapter  37,  laws  of  1887. 

Section  2.  The  board  of  public  works  of  said  city  Diagrams  for  each 
shall  cause  to  be  made,  from  time  to  time,  as  fast  as  the  district 
preliminary  surveys  can  be  completed,  diagrams  for  each 
such  district,  in  addition  to  an  extension  of  those  already 
made  and  adopted  under  and  pursuant  to  the  provisions 
of  chapter  two  hundred  and  seventy-four,  of  the  local 
laws  of  1870,  which  diagrams  shall  conform  to  the  sys- 
tem of  sewerage  in  the  district  and  show  the  plan  thereof, 
and  contain,  as  nearly  as  practicable,  the  lots,  blocks, 
and  tracts  of  land,  the  main  sewers  to  be  constructed, 
the  branch  and  minor  sewers,  the  man-holes,  the  catch 
basins  and  their  connections,  through  overflow  pipes 
with  the  sewers,  the  sewers  already  constructed,  and  any 
other  data  deemed  by  them  necessary  for  information; 
provided,  that  the  plans  for  sewerage  heretofore  made 
and  adopted  pursuant  to  said  chapter  two  hundred  and 
seventy-four,  shall  remain  in  full  force  and  be  deviated  force. 
from  only  by  authority  of  the  common  council,  and  that 
all  sewers  already  constructed  under  chapter  three  hun- 
dred and  ninety-nine  of  the  local  laws  of  1869,  or  chapter 
two  hundred  and  seventy-four  of  the  local  laws  of 
1870,  shall  be  considered  as  part  of  the  plan,  to  be  in 
no  respect  altered  or  changed,  and  that  no  other  sewers  '  to  "be  disturbed 
previously  constructed  may  be  included  in  the  diagrams 
to  be  prepared,  so  far  as  the  same  can  be  used  in  the 
proposed  system  of  drainage. 

Section  3.  On  the  completion  of  any  such  diagram.  Notice  of  diagram 
said  board  shall  give  notice  in  the  ofl&cial  papers  of  the  *o  ^^  O'ven. 
city  for  at  least  six  days,  that  a  plan  of  sewerage  is  open 
at  their  office  for  inspection.  Any  person  owning  real 
estate  in  such  district,  may  file  with  said  board  written 
objections  to  the  said  plan,  stating  therein  the  nature 
and  reason  of  his  objections,  and  may  also  suggest 
improvements  to  said  plan. 


Present  sewerage 
plan  to  remain  in 


Present  sewers  not 


CHAP.  MILWAUKEE   CITY   CHARTER.  146 

8 

Plan  may  be  modi-       SECTION  4.       The    said  board    may    reconsider    and 

fied  by  board.        modify   said   plan,    and   at  the  expiration    of  ten    days 

after  the  time  such  notice  shall  have  been  given  to  said 

resident   freeholders   of  the    district,    shall    report  such 

plan  to  the  common  council  for  its  approval. 

Municipalities  have  same  rights  to  repel  surface  waters  as  private 
persons  have,  and  they  may  discontinue  and  abandon  sewers,  if 
the  land  owners  are  not  thereby  left  in  a  worse  condition  than  if 
the  sewers  had  never  been  made. 

Waters  vs.  Bay  View,  61  Wis.,  642. 

Hoyt  vs.  Hudson,  27  Wis.,  656. 

Council  to  ratify  or       SECTION  5.     The  common  council  shall  take  such  plan 
condemn.  into  consideration,  and  within  thirty  days  after  receiving 

the  same,  shall  return  it  to  the  board  approved,  or  if 
objected  to,  with  a  statement  in  writing  of  such  objections, 
or  of  any  alteration  or  improvements  thereof  which 
they  may  deem  desirable. 

Plan  may  be  SECTION  6.     The  said  board  may,   on  return  of  such 

changed  or  a  new  plan  by  the  common  council,  modify  or  change  the  same 
one  prepared.  ^^  accordance  with  the  suggestions  of  the  common  council, 
or  may  prepare  a  different  plan,  which  shall  be  again 
submitted  to  the  common  council,  and  may  generally 
modify  and  change  their  action  in  the  premises,  until  a 
plan  shall  be  mutually  agreed  upon  by  the  board  and 
common  council;  provided,  that  no  plan  shall  take  effect 
until  approved  by  the  common  council,  and  no  plan 
thus  approved  shall  be  deviated  from  except  by  consent 
of  the  common  council;  and  provided  further,  that  sewers 
may  be  ordered  and  constructed  in  any  district  without 
the  plans  of  such  district  being  completed  in  their  whole 
extent  and  all  their  details. 

Section  7.  On  or  before  the  first  day  of  March  in 
report  the  sewers  each  year,  the  board  of  public  works  shall  report  to  the 
necessary  in  each  common  council  the  sewers  necessary,  in  their  judgment, 
to  be  built  in  each  district,  during  the  current  year,  in 
accordance  with  the  plan,  stating  the  precise  location 
and  extent  of  the  same,  and  the  kind  of  material  of  which 
they  should  be  composed.  The  common  council  shall 
take  such  report  into  consideration,  and  may  approve 
the  same,  and  make  such  additions  to  it,  or  alterations 
in  it  in  any  respect  as  to  them  may  seem  best,  and  return 
the  same  to  the  board,  and  it  shall  be  the  duty  of  the 
board   to   carry  out  the  work  as  directed  in  the  report 


147 


MILWAUKEE   CITY   CHARTER. 


CHAP, 
8 


May  recommend 
others. 


thus  returned  from  the  common  council.  The  board  may 
also  from  time  to  time,  during  the  year,  as  may  be 
necessary,  recommend  to  the  common  council  the  construc- 
tion of  other  sewers  than  those  contained  in  the  general 
report,  which  recommendation  the  common  council 
shall  take  into  consideration  and  return  to  the  board 
approved,  negatived  or  altered,  as  may  to  them  seem  best, 
and  the  board  shall  carry  out  the  work,  as  prescribed  in 
the  action  of  the  common  council;  provided,  that  said 
board  of  public  works  shall,  at  least  five  days  before  the 
presentation  of  such  recommendation  to  the  common 
council,  give  notice  by  publication  in  the  official  paper 
or  papers  of  the  citj^  stating  the  day  when  such  recom- 
mendation will  be  presented  to  the  common  council,  and 
giving  a  general  description  of  the  proposed  improve- 
ment and  extension.  Upon  the  presentation  of  such 
recommendation  to  said  common  council,  with  proper  proof 
of  publication  of  the  notice  above  described,  the  same 
shall  be  referred  to  the  appropriate  committee,  and  con- 
sidered and  disposed  of  in  the  same  manner  and  under 
the  same  rules,  as  are  provided  in  the  case  of  ordinances 
or  resolutions  creating  a  charge  or  liability  against  any  city 
or  ward  fund;  and  provided  further,  that  no  sewer  shall  Sewers  to  be  built 
be  built  or  contracted  for  by  the  board  until  the  same  ^f  common 
has  been  authorized  or  ordered  by  the  common  council,     council. 

As  amended  by  Section  3,  Chapter  274,  Laws  of  1881,  and  further 
amended  by  Section  25,  Chapter  324,  Laws  of  1882. 


Section  8.  After  the  common  council  shall,  by  reso- 
lution or  otherwise,  have  ordered  the  construction  of  any 
sewer,  the  board  shall  advertise  for  and  receive  bids  to 
do  the  work  so  ordered,  having  first  procured  to  be  care- 
fully prepared,  and  put  on  file  in  their  office,  for  the 
examination  and  guidance  of  bidders,  plans  and  specifica- 
tions describing  the  particular  work  to  be  done,  and  the 
kinds  and  qualities  of  materials  to  be  used,  as  directed 
by  the  common  council,  and  shall  let  the  contract  to  the 
lowest  responsible  and  reliable  bidder,  subject,  however, 
to  the  provisions  of  chapter  five  of  this  act.  Provided, 
that  any  contractor  for  such  work  may  procure 
from  the  board  of  public  works  a  license  as  a  sewer 
contractor,  and  at  the  time  of  procuring  such  license  he 
shall  file  with  said  board  a  bond  in  the  penal  sum  of  five 
thousand  dollars,  which  bond  shall  be  approved  as  to  form 


Board  shall  adver- 
tise for  proposals. 


Contract  shall  be 
let  to  lowest  bid- 
ders. 

Contractor  may 
procure  license 
upon  giving  bond. 


CHAP.  MILWAUKEE  CITY  CHARTER.  148 

8 

and  manner  of  execution  by  the  city  attorney  and  as  to 
the  sufficiency  of  the  sureties  therein  by  said  board  of 
public  works  prior  to  their  accepting  and  filing  the  same, 

Bond,  how  con-  which  said  bond  shall  be  conditioned  that  such  contractor 
ditioned.  ^^^^  bidder  will  execute  and  perform  the  work  for  the 

price  mentioned  in  his  proposals  and  according  to  the 
plans  and  specifications  on  file  in  case  the  contract  shall 
be  awarded  to  him,  and  in  case  of  default  on  his  part  to 
execute  a  contract  with  satisfactory  sureties  and  to  per- 
form the  work  for  which  he  bid,  said  bond  shall  be  prose- 
cuted in  the  name  of  the  city,  and  judgment  recovered 
thereon  for  the  full  amount  of  the  penalty  thereof;  which 
penalty  shall  be  agreed  upon  as  liquidated  damages, 
unless  the  common  council  shall  by  resolution  direct  that 

Bond  to  be  renewed  no  action  shall  be  commenced.  The  bond  herein  provided 
when  required.  for  shall  be  renewed  as  often  as  required  by  said  board, 
and  shall  be  taken  and  accepted  by  said  board  until  the 
license  hereinbefore  mentioned  is  revoked  by  said  board,  as 
and  in  lieu  of  the  preliminary  bond  accompanying  bids 
and  proposals,  provided  for  in  section  9,  of  chapter  5,  of 
the  Charter  of  the  city  of  Milwaukee;  nothing  herein 
contained,  however,  shall  prevent  any  person  from  making 
and  presenting  a  bid  and  proposals  pursuant  to  the  pro- 
visions of  chapter  five,  of  the  charter  of  said  city. 

As  amended  by  Chapter  316,  Laws  of  1891. 

CHAPTEK  368,  LAA^VS  OF  1895. 

AN  ACT  to  provide  for  the  manner  of  asking  and  receiving  bids 
for  public  work  or  improvements  ordered  by  the  common  council 
of  any  city  of  the  first  class  in  the  State  of  Wisconsin. 

Section  1.  Whenever  the  laying  and  building  of  any  sewer  or 
to  be  done  board  ^^^  grading  or  making  of  any  street  or  alley  shall  be  ordered  by 
of  public '  worl(S  the  common  council  of  any  city  of  the  first  class  as  classified  in 
shall  advertise  for  Chapter  40  of  Sanborn  &  Berryman's  annotated  statutes  of  the  state 
proposals.  of  Wisconsin,  and  by  chapter  238  laws  of  1895,  the  board  of  public 

works  of  said  city  shall  advertise  for  proposals  for  doing  the  same; 
a  plan  or  profile  of  the  work  to  be  done,  accompanied  with  specifi- 
cations for  doing  the  same,  or  other  appropriate  and  sufficient 
description  of  the  work  required  to  be  done  and  of  the  kinds  and 
quality  of  material  to  be  furnished  being  first  placed  on  the  file  in 
the  office  of  said  board  of  public  works  for  the  information  of 
bidders  and  others.  Such  advertisements  shall  be  published  at 
brpubHshed  six  ^^^®^  ^^^  ^^^^  ^^  ^^^  official  city  papers,  and  shall  state  the  work 
jJ2y5_  to  be  done  and  the  time  for  doing  the  same,  which  time  shall  in 

all  cases  be  such  a  reasonable  time  as  may  be  necessary  to  enable 
a  contractor  with  proper  diligence  to  perform  and  complete 
such  work. 


149  MILWAUKEE   CITY   CHARTER.  CHAP. 

8 

Section  2.     All  proposals  for  such  work  shall  be  sealed  and    Proposals  to  be 
directed  to  such  board  of  public  works  and  shall  be  accompanied     accompanied  by 
at  the  time  of  such  bid  or  proposal  with  a  sum  of  money  equal  to     deposit  of  fifteen 
at  least  fifteen  per  cent,  of  the  amount  of  the  engineer's  estimate     PC  cent. 
of  the  cost  of  such  work,   as  the  board   of  public  works  in   such 
advertisement  may  direct,  under  an  agreement  that  such  sum  of 
money  shall  be  returned  to  such  bidder  in  case  the  contract  for  the 
work  bid  for  is  not  awarded  to  such  bidder,  or  which  sum  of  money 
shall  also  be  returned  to  such  bidder  in  case  such  bidder  will  execute 
the  contract  for  such  work  pursuant  to  his  bid  and  accompany 
such   contract  with  good   and  sufficient  bond  with    satisfactory 
sureties  in  case  the  contract  is  awarded  to  such  bidder^  and   also 
that  in  case  the  contract  is  so  awarded  and  he  shall  [fail]  to  execute 
a  bond  with  satisfactory  sureties  to  perform  the  work  specified  for 
the  price  named  in  his  bid  within   a  reasonable   time  after  such 
contract  is  prepared  and  ready  for  execution,   then  such   sum  of 
money  shall  become  the  property  of  said  city  as  fixed  and  liqui- 
dated damages  for  such  default,  and  shall  be  paid  by  said  board  to 
the  city  treasurer  of  such  city.     All   bids  unless  fulfilling  the 
requirements  of  this  act  shall  be  rejected. 

Section  3.     All  acts  or  parts  of  acts  contravening  the  provisions 
of  this  act  are  hereby  repealed. 

Section  9.     Such  contracts  shall  require  the  contractor  contractor  to  take 
to  receive  as  payment  for  so  much  of  the  work  as  has     certificate  in  part 
been  assessed  against    the   lots  opposite  to  the  front  of    P^V"®"*- 
which  any  such  sewer  shall  extend,  certificates  against 
such  lots  respectively;  and  the  residue  of  such  contract 
shall  be  paid  out  of  the  proceeds  of  the  general  sewerage 
tax,  to  be  levied  on  the  real  estate  and  personal  property 
within  the  sewerage  district,  by  the  common  council,  on 
the  recommendation  of  the  board  of  public  works. 

Section  10,     After  any  contract  for  work,  under  this  Sewerage  assess- 
act,  to  be  paid  for  in  whole  or  in  part  by   special  assess-     went,  when  and 
ments,  shall  have  been  entered  into,  the  board  of  public     for^hS  amounts. 
works  shall  make,  or  cause  to  be  made,  an  assessment 
against  all  lots,  parts  of  lots  and  parcels  of  land,  fronting 
or  abutting  on  the  work  so  contracted  to  be  done,   on 
each  side  of  the  same  for  its  whole  length,  and  which 
have  not  before  been  so  assessed  for  sewerage  purposes, 
at  the  rate  of  eighty  cents  per  lineal  foot  of  the  whole 
frontage  of  each  lot,  part  of  lot  or  lots,  or  parcel  of  land, 
fronting  or  abutting  on  either  side  of  such  sewer,  except 
corner  lots,  which  shall  be  assessed  therefor  as  follows: 
corner  lots  not  subdivided  in  ownership  and  subdivisions 
of  corner  lots,  constituting  the  actual  corner  of  corner 
lots  subdivided  in  ownership,  shall  be  entitled  to  deduc- 


CHAP. 

8 


Deductions,  what 
lots  entitled  to, 
and  for  what 
amount. 


MII.WAUKKK   CITY   CHARTER. 


150 


Subdivisions,  how 
charged. 


Notice  of  subdi- 
visions, duties  of 
board  when  given. 


Sewers  in  streets 
and  alley  cross- 
ing chargeable  to 
sewerage  fund. 


tion  in  making  such  assessment,  of  one-third  from  the 
aggregate  of  the  street  lines  of  such  corner  lots,  or  corner 
subdivisions  thereof,  on  all  the  streets  in  front  thereof; 
such  deduction  to  be  made  in  the  assessment  of  the 
longest  street  line  of  such  corner  lots,  or  corner  subdivi- 
sions thereof,  or  in  case  of  equal  street  lines  thereof,  in 
the  assessment  for  the  second  sewer  to  which  they  are 
liable;  provided,  however,  that  when  the  actual  cost  of 
any  sewer  shall  be  less  than  one  dollar  and  sixty  cents 
per  lineal  foot,  then,  and  in  that  case,  the  assessment  shall 
be  for  the  actual  cost  of  such  sewer  per  lineal  foot,  one- 
half  thereof  to  be  chargeable  against  the  property  front- 
ing or  abutting  thereon,  on  each  side  thereof.  Whenever 
any  lot  which,  as  originally  platted,  fronts  or  abuts  on 
any  sewer,  is  subdivided,  and  the  subdivisions  thereof  are 
owned  by  different  persons,  no  subdivision  of  such  lot, 
not  fronting  or  abutting  on  such  sewer,  and  not  owned 
by  the  same  person  who  owns  the  subdivision  fronting  or 
abutting  on  such  sewer,  shall  be  assessed  for  the  cost  of 
such  sewer. 

Section  11.  Whenever  any  lot  or  parcel  of  land, 
shall  be  subdivided  by  sale  or  any  other  contract,  after 
the  assessment  of  benefits  accruing  to  it  by  a  sj^stem  of 
sewerage,  shall  have  been  made,  and  before  such  system 
shall  have  been  fully  carried  out  and  extended  to  such 
lot — and  the  assessment  on  such  work  paid — any  party 
interested  may  give  notice  to  the  board  of  such  sub- 
division, and  in  such  case,  or  when  the  said  board  shall  in 
any  other  way  become  cognizant  of  the  fact  of  such  sub- 
division, they  may  make  an  equitable  apportionment  of  the 
said  benefit  tax  against  any  said  lot,  between  the  different 
parcels  of  it,  but  if,  by  neglect  of  the  owners  of  the  lot  so 
subdivided,  no  such  apportionment  shall  be  made,  then 
the  entire  lot  shall  be  liable  for  the  entire  tax. 

Section  12.  The  cost  of  all  sewers  in  street  and  alley 
crossings,  and  of  all  sewers,  in  excess  of  one  dollar  and 
sixty  cents  per  lineal  foot,  chargeable  to  lots  and  lands, 
as  provided  in  section  ten  of  this  chapter — of  all  catch 
basins  for  receiving  the  water  from  the  gutters,  and  of 
the  overflow  pipes  connecting  them  with  the  sewers — of 
all  temporary  catch  basins — and  of  the  repairing  and 
cleaning  of  sewers — and  all  expenditures  for  temporary 
work  necessary  to  carry  out  the  system  of  sewerage  herein 
provided,  and  all  costs  for  constructing  sewers,  not  pro- 


151  MILWAUKEE   CITY   CHARTER.  CHAP. 

8 

vided  for  by  special  assessment,  shall  be  paid  out  of  the 

fund  of  the  proper  sewerage  district;  and  all  cleaning  and  cleaning  and 

repairing  of  sewers  and  catch  basins,  and  all  temporary     repairing. 

work  necessary  to  be  done  as  above  stated,  shall  be  done 

by  the  authority  of  the  board  of  public  works,  as  may  be 

necessary. 

Section  13.     The  board  of  public  works  shall  report  Board  to  make 
to  the  common  council,   on  or   before  the  15th  day  of    annual  report  of 
December  in  each  year,    as  accurately  as  may  be,   the     fI5r"that'^year7n 
amount  of  money  required  for  sewerage  purposes  for  the     each  district 
ensuing  year,  in  each  district,  in  addition  to  the  special 
assessments  made;  and  the  common  council  are  hereby 
authorized  to  direct  the  levy  and  collection  of  a  tax  for 
sewerage  purposes  in  each  district,  for  such  amount  as 
may  be  necessary,  not,   however,   to  exceed  in   any  one 
year  the  sum  of  one  and  one-half  mills  on  the  dollar, 
on    all    the    property,    real     and    personal,    subject    to 
taxation  within  any  such  sewerage  district;  which  tax, 
so  levied,   shall,  when  collected,   be  paid  into  the  city 
treasury,  and  be  placed  in  the  fund  of  the  sewerage  dis- 
trict in  which  the  same  has  been  collected;  and  the  city 
comptroller  is  hereby  directed  and  required  to   keep   a 
separate   and   distinct   account  with  each  sewerage  dis- 
trict.    The  tax  to  be  levied  under  the  provisions  of  this  Sewerage  tax,  how 
section  may  be  added  on  the  tax  roll  to  the  general  city     levied  and  col- 

Ipotpil 

tax  assessed  against  such  property. 

As  amended  by  Section  34,  Chapter  144,  Laws  of  1875,  and  fur- 
ther amended  by  Section  26,  Chapter  324,  Laws  of  1882. 

Section  14.     Any   person   to    whom    a    contract    is  Contractor  entitled 
awarded  for  the  construction  of  a  sewer,   shall  receive  in     *<*  certificate  on 
payment  certificates   against  the  lots,   parts   of  lots,  or     y^ork. 
parcels  of  land,  so  as  heretofore  directed  to  be  assessed, 
so  far  as  the  same  will  go  in  liquidation  of  the  amount  of 
such  contract,  and  shall  be  entitled  to  receive  city  orders 
for  the  balance  due,  payable  only  out  of  the  fund  of  the 
proper  district;  and  it  shall  be  the  duty   of  the  board   of 
public  works,  after  the  completion  of  any  contract,  and 
acceptance  of  the  work,  to  issue  such  certificates  on  the 
request  of  the  person  entitled  to  receive  them ;  and  where 
any  sum  is  found  to  be  due  a  contractor  over  and  above 
the  amount  of  certificates  so  to  be  issued  and   received 
in   part   payment,  to  certify   the   same   to   the   common 
council,  which  may  direct  an  order  to  be  drawn  on  the 


CHAP.  MILWAUKEE  CITY  CHARTER.  152 

8 

Certificate  of  proper  fund  for  the  payment  of  the  same.     All  certificates 

special  assess-      of  special  assessment  for  buildins:  sewers,  shall  be  made 

ment  how  exe- 

cuted.  ^y  t^^  board  of  public  works,   and  signed  by  the  board 

or  the  president  thereof,  and  countersigned  by  the  comp- 
troller of  the  said  city,  and  delivered  by  the  said  board 
of  public  works  to  the  person  entitled  to  receive  the  same, 
in  the  same  manner  as  certificates  of  assessments  for 
other  work  in  the  said  city. 

Certificates  issued  under  this  section  are  hens  upon  the  lots, 
draw  interest  at  the  rate  of  twenty-five  per  cent,  from  the  time  of 
sale  by  the  city  treasurer  on  account  of  such  certificate  liens,  and 
are  transferable  by  endorsement. 

Hoyt  vs.  Fass,  64  Wis.,  273. 

Where  the  construction  of  a  sewer  is  duly  authorized  under  a 
law  requiring  plan,  specifications  and  estimate  to  be  first  filed 
before  letting  the  contract,  it  is  sufficient,  to  sustain  a  tax  for  the 
work,  to  leave  in  the  proper  office  a  plan,  with  specifications  and 
estimate  which  are  sufficiently  accurate  to  enable  persons  of  ordin- 
ary skill  to  bid  intelligently  thereon. 

Houghton  vs.  Burnham,  22  Wis.,  289. 

Contracts  to  be  ap-       SECTION  15.     All  contracts  entered  into  by  the  board 

proved  by  city       of  public  works  under  this  chapter  shall  be  approved  as 

bv  ores^dent  of      ^°  form  and  execution  by    the  city  attorney,  and  before 

board.         •       taking  eflfect  shall  be  signed  by  a  majority  of  the  board 

of  public  works,  or  by  the  president  of  said  board,  and 

countersigned  by  the  comptroller,   and  all  bonds  taken 

by  them  shall  be  entered  into  in  the  name  of,  and  shall 

be    executed    to    the    city  of  Milwaukee,  and  shall  be 

approved  by  the  board.     All  contracts  entered  into  under 

this  chapter,   shall  be  expressly  subject  to   the   powers 

given  to  said  board  by  chapter  five  of  this  act.     And  in 

In  case  of  suspen-  case  any  work  shall  be  suspended,  in  consequence  of  the 

slon  or  default.      default  of  any  contractor,   or  in  case  the  bids  shall  be 

deemed  excessive,  or  the  parties  making  proposals   for 

any   work   shall   not   be   deemed   responsible  or   proper 

parties  to  be  entrusted  with  its  performance,  or  shall  have 

failed  to  complete  any  contract  within  the  meaning  of 

section   ten  of  said  chapter   five,    the   said   board  shall 

proceed  as  provided  in  said  chapter. 

As  amended  by  Section  35,  Chapter  144,  Laws  of  1875. 

Section  16.  The  grades  of  sewers  to  be  constructed 
shall  be  fixed  by  the  board  of  public  works,  with  the 
approval  of  the  common  council,  and  the  said  board  shall 
make  or  cause  to  be  made  a  profile  of  such  grades  upon 


Grades  of  sewers. 


153  MILWAUKEE   CITY  CHARTER.  CHAP. 

8 

the  plans  of  the  sewer  to  be  constructed,  giving  a  suffi- 
cient number  of  bench  marks  and  their  elevation,  and 
such  other  data  as  may  be  necessary  to  make  future  sur- 
veys.    And  in  all  cases  the  work  shall   be  subject  to  the 
superintendence  and  direction  of  the  said  board;  and  no  Work  to  be  ap- 
contractor  shall  be  entitled  to  recover  compensation  for     proved  by  board. 
any  work  executed  by  him,  in  any  form  of  action,  unless 
such  work  shall  have  been  approved  by  the  said  board: 
provided,  that  the  said  board  may  from  time  to  time,   as   Board  may  grant 
the  work  progresses,    at  their   discretion,    grant   to  any     estimates, 
contractor   for  a  sewer  an  estimate  of  the  amount    and 
proportionate  value  of  the  work  already  done,   withhold- 
ing in  all  cases  twenty-five  per  cent,  of  said  estimate, 
which   shall   entitle   the  holder   to   receive   the   amount 
thereof,     less    such     twenty-five    per    cent,     from     the 
public  fund. 

The  powers  granted  to  the  board  of  public  works  and  the  com- 
mon council  by  this  section  are  quasi  judicial,  and  the  exercise  of 
such  powers  by  those  bodies  cannot  be  collaterally  attacked. 
Robinson  vs.  Milwaukee,  61  Wis.,  585. 

Section  17.     Whenever    the    common    council   shall   Board  may  order 
order  the  paving  or  repairing  of  any  street  in  the  city  of    sewer  pipe  laid 
Milwaukee,  in  which  water  and  gas  mains  and  sewers,  or     street.         ^ 
either  of  them,  shall  have  been  previously  laid  and  con- 
structed, they  may  also  by  resolution  require  the  board 
of  public  works  to  cause  water  and  gas  service  pipes  and 
house  drains  to  be  first  laid  in  such   street,  at  the  cost 
of  the  property  fronting  such  street,  from  the  main  sewer 
and  water  and  gas  mains  in  such  street,  to  the  curb  line 
on  either  side  of  the  street,   at  intervals  not  less  than 
twenty  feet,  along  the  whole  length  of  such  paved  street, 
except  at  street  and  alley  crossings;  and  the  board  of  pub-   ,y,  i-     lu       ft 
lie  works  shall  thereupon  give  notice  to  the  owners  or     be  given, 
occupants  of  the  property  adjoining  such  paved  street,  by 
publication  thereof   for    six  days  in  the  official  papers, 
requiring  them  to  do  such  work  opposite  their  respective 
lots,  according  to  a  plan  and  specification   to  be  before 
prepared  and  on  file  in  the  office  of  said  board,  showing 
the  location  and  size,  and  the  kind  and  quality  of  mate- 
rials of  such  lateral  sewers  or  drains,  and  water  and  gas 
service  pipe;  and  if  such  owners  or  occupants  shall  refuse 
or  neglect  to  do  the  same  before  the  paving  or  repairing 
of  said  street  so  ordered,  and  within  ten  days  after  the 
publication  of  such  notice,  the  said  board   may  procure 


CHAP.  MILWAUKEE   CITY   CHARTER.  1.54 

8 

If  not  done  by  own-   the  same  to  be  done,  and  charge  and  assess  the  expense 

ers,  may  be  thereof  to  the  lots  or  parts  of  lots  frontine:  upon  such 

assessed  against  i         ...t.  j   j  •  j  i  f.  •     . 

property.  work  in  the  manner  provided  in  and  by  section  nineteen 

of  chapter  seven  of  this  act;  and  the  same  shall  be  levied 

and  collected  as  other  special  assessments  are  levied  and 

No  street  to  be        collected  in  said  city;  provided,  no  street  shall  be  paved 

paved  until  gas      qj.  repaved  by  order  of  the  common  council,  unless  the 

and  water  mams  -  . 

and  sewer  pipe  be  water  and  gas  mams  and  service   pipes,  and   necessary 

'^'^'  sewers  and  their  connections  shall,   as  required  by  the 

common   council,  be   first   laid  and  constructed  in  that 

portion  of  such  street  so  to  be  paved  or  repaved. 

Contractors  for  paving  a  street  will  be  enjoined  from  unneces- 
sarily interfering  with  the  operation  of  a  street  railway  thereon, 
where  the  city  has  not  attempted  to  exercise  the  power  of  stopping 
the  running  of  the  cars. 

Mil.  St.  R'y.  Co.  vs.  Adlam,  85  Wis.,  142. 

Board  to  see  that  SECTION  18.  It  shall  be  the  duty  of  the  said  board  to 
all  proper  drains  see  that  proper  drains  or  sewers  are  constructed  from 
are  made.  every  lot  in  said  city,  which  in  their  judgment  requires 

it;  and  that  such  private  drains  or  sewers  are  made  to 
communicate  with  the  public  sewers  in  a  proper  manner; 
and  they  shall  have  power  to  require  such  number  of 
private  drains  and  sewers  to  be  constructed  as  they  may 
deem  expedient. 

The  city  is  not  liable  for  injuries  to  property  of  an  owner  of  a 
private  sewer,  caused  by  the  negligence  of  the  board  of  public 
works  in  re-connecting  such  private  sewer  with  the  main  sewer 
after  the  lowering  of  the  latter,  it  not  being  an  act  within  the  line 
of  any  corporate  duty. 

Streiff  vs.  Milwaukee,  89  Wis.,  218. 

Board  to  have  con-  SECTION  19.  The  said  board  shall  prescribe  the  loca- 
trol,  etc.  tion,   arrangement,  form,  materials  and  construction  of 

every  drain  and  sewer,  for  every  lot  in  the  city  emptying 
into  the  public  sewers,  and  shall  determine  the  manner 
and  plan  of  the  connection  of  the  same;  the  work  of 
construction  shall  be  in  all  cases  subject  to  the  superin- 
tendence and  control  of  said  board,  and  shall  be  executed 
strictly  in  compliance  with  their  orders;  but  the  cost  of 
such  private  sewers  shall  not  be  included  in  the  estimate 
of  the  cost  of  the  general  plan  of  sewerage  in  any  district, 
and  shall  be  charged  upon  the  lot  or  lots  for  the  benefit 
of  which  such  private  sewers  shall  be  constructed. 


155  MILWAUKEE   CITY   CHARTER.  CHAP. 

8 

Section  20.     The  said  board  shall  have  at  their  office,   Specifications  of 
ready  for  the  examination  of  the  parties  interested,  the     private  drains  and 
specifications  of  any  private  drains  or  sewers  so  ordered     q^^  for^examln- 
to  be  constructed,  and  they  shall  give  to   the  lot  owners     ation. 
six  days'  notice,  in  the  official  papers,   to  construct  the 
same,  designating  therein  a  reasonable  time  within  which 
the  work  shall  be  completed;  and  in  case  any  lot  owner 
neglects  to  do  the  work  required   of  him   to   be   done, 
within  the  time  specified  in  said  notice,  they  shall  adver- 
tise for  proposals,  and  let  the  same  by  contract;  and  at 
the   completion  of  the   contract,  shall  give  to  the  con- 
tractor  a  certificate   or   certificates  against  such   lot   or  Certificates. 
lots,  which  shall  be  proceeded  with,  and  shall  have  the 
like  effect  as  other  certificates  given  for  work  chargeable 
to  lots. 

Section  21.     Any  person  who  has  taken  such  con-   Contractor  may 
tract  from  said  board   to  construct   a   private   drain   or     enter  premises, 
sewer  from  any  lot,  shall   be   authorized  to   enter   upon     ^  ^' 
such  lots,  and  construct  thereon  such  drain  or  sewer,  and 
shall  have  free  ingress  and  egress  upon  the  same,   with 
men  and  teams  for  that  purpose,  and  to  deposit  all  the 
necessary  building  materials,   and  generally  to  do  and 
perform  all  things  necessary  to  a  complete  execution  of 
the  work. 

Section  22.     No  private  drain  shall  be  connected  with   Permit  to  connect 

any  public  sewer  without  the  said  board  first  issuing  their     P/'vate  with  pub- 

lie  sewers 
order  or  permit  for  such  connection;  and  there  shall  be 

paid  for  such  order  or  permit,  into  the  general  fund  of  the 
sewerage  district,  by  the  owner  of  any  lot  from  which  a 
private  drain  is  led  into  a  public  sewer,  an  amount  to  be 
fixed  by  said  board,  proportioned  to  the  size  of  such 
private  drain,  but  not  less  than  two  and  a  half,  nor  more 
than  five  dollars  for  every  drain  from  any  lot  or  parcel  of 
a  lot;  and  in  case  such  amount  is  not  paid,  it  shall  be  a 
lien  upon  such  lot,  and  shall  be  collected  as  other  taxes  Fee  therefor, 
on  real  estate  are  collected;  provided,  that  no  charge 
shall  be  made  for  the  order  or  permit  herein  referred  to, 
when  the  connection  for  which  it  is  used  is  made  before 
the  sewer  is  finished  in  front  of  the  premises  to  be  con- 
nected. 

Section  23.  No  person  shall  break  open  or  make  Penalty  for  break- 
connections  with  any  public  sewer,  except  by  the  consent  '"9  or  obstructing 
and  under  the  direction  of  the  board  of  public  works;  and 


CHAP. 

8 


MILWAUKEE   CITY   CHARTER. 


156 


Contractors  to 
restore  streets 
and  alleys  to 
former  condition. 


any  person  who  shall  do  so,  or  shall  wilfully  or  maliciously 
obstruct,  damage  or  injure  any  public  or  private  sewer  or 
drain  in  said  city,  or  wilfully  injure  any  of  the  materials 
employed  or  used  in  said  city  for  the  purposes  of  sewerage, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  not  more  than  five  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  to  exceed 
three  months. 

Section  24.  Any  contractor,  or  other  person,  acting 
under  the  direction  of  the  board  of  public  works,  may 
lay  sewers  in  and  through  any  alleys  and  streets  of  said 
city,  and  through  any  breakwater  into  Lake  Michigan, 
and  also  in  any  highways  of  Milwaukee  county,  whether 
within  the  limits  of  said  city  or  not;  provided,  that  it 
shall  be  the  duty  of  such  contractor  to  repair  such  streets, 
alleys,  breakwaters,  and  highways,  and  to  restore  the 
same  to  their  former  condition,  upon  the  completion  of 
such  sewers. 

Chapter  322,  laws  of  1875,  entitled  "an  act  to  authorize  the 
improvement  of  certain  streets  in  the  third  ward  of  the  city  of 
Milwaukee,  and  to  authorize  the  levy  of  a  special  tax  in  said  ward," 
is  in  the  nature  of  an  amendment  to  the  city  charter,  and  is  a  grant 
of  corporate  powers  to  the  city.  It  is  not  a  "special  act  for  the 
assessment  or  collection  of  taxes"  within  the  inhibition  of  Subd. 
6,  Sec.  31,  Art.  IV,  of  the  Constitution  of  Wisconsin. 

Such  an  act  does  not  embrace  "more  than  one  subject,"  and 
the  title  is  sufl&cient  to  express  the  subject. 

Warner  vs.  Knox,  50  Wis.,  429. 


CHAPTER  88,  LAWS  OF  1891. 

Common  council  Section  1.     The  common  council  of  the  city  of  Milwaukee  is 

may  raise  money   hereby  authorized  to  levy  and  raise  by  taxation  upon  all  taxable 

for  sewerage  property,  real  and  personal,  within  the  Bay  View  sewerage  district 

purposes  in  Bay   of  said  city,   in  addition  to  the  amount   authorized  to  be  raised 

View  sewerage       f^j.  ^  sewerage  fund  in  said  district,  and  in  addition  to  the  amount 

of  money  authorized  to  be  raised  by  taxation  for  all  purposes  within 

said  district,  now  limited  by  law,  for  each  of  the  years  1891,   1892 

and  1893,  a  sum  of  money  not  exceeding  one  and  one  half  mills  on 

the  dollar,  in  each  of  said  years,  upon   all   the   taxable   property 

within  said  district,  for  the  purpose  of  continuing  and  completing 

the  sewers  contemplated  by  the  plans  for  sewers  in  said  Bay  View 

sewerage  district  of  said  city,  now  on  file  in  the  office  of  the  proper 

officers  of  said  city  of  Milwaukee  and  for  the  purpose  of  constructing 

and  continuing  the  construction  of  such  sewers  as  shall  or  may 

be  included  in  any  amendments  to  or  changes  of  the  plans  in  said 

district  during  the  years  1891,  1892  and  1893. 


157  MILWAUKEE   CITY   CHARTER. 

CHAPTEK    89,    LAWS    OF    1891. 

Section  1.  The  common  council  of  the  city  of  Milwaukee  is 
hereby  authorized  to  levy  and  raise  by  taxation  upon  all  taxable 
property,  real  and  personal,  within  the  south  sewerage  district  of 
said  city  in  addition  to  the  amount  authorized  to  be  raised  for  a 
sewerage  fund  in  said  district,  and  in  addition  to  the  amount  of 
money  authorized  to  be  raised  by  taxation  for  all  purposes  within 
said  district,  now  limited  by  law,  for  each  of  the  years  1892  and 
1893,  a  sum  of  money  not  exceeding  one  and  one  half  mills  on  the 
dollar  in  each  of  said  years,  upon  all  the  taxable  property  within 
said  district,  for  the  purpose  of  continuing  and  completing  the 
sewers  contemplated  by  the  plans  for  sewers  in  said  south  sewerage 
district  of  said  city,  now  on  file  in  the  ofl&ce  of  the  proper 
officers  of  said  city  of  Milwaukee,  and  for  the  purpose  of  constructing 
and  continuing  the  construction  of  such  sewers  as  shall  or  may 
be  included  in  any  amendments  to  or  change  of  the  plans  in  said 
district  during  the  years  1892  and  1893. 


CHAP. 

8 


Common  council 
may  raise  money 
for  sewerage 
purposes  in 
south  sewerage 
district. 


CHAPTEK  224,  I.AA?VS  OF  1893. 

AN  ACT  to  authorize  the  division  of  certain  cities  into  sewer 
districts,  and  to  provide  means  for  perfecting  the  sewer  systems 
therein  by  special  taxation  and  by  the  issue  of  corporate  bonds 
of  such  cities. 

Section  1.  The  common  council  of  any  city  operating  under 
a  special  charter  granted  by  the  legislature  of  this  state,  and 
authorized  by  such  charter  to  construct  sewers,  is  hereby  empow- 
ered to  divide  such  city  into  sewer  districts,  and  to  levy  a  special 
tax  of  not  more  than  one  mill  and  at  half  of  a  mill  on  the  dollar  of 
the  assessed  value  of  the  taxable  property  in  any  such  sewer 
district,  if  in  the  opinion  of  such  common  council  such  special  tax 
shall  be  needed  for  the  extension  or  improvement  of  the  sewer 
system  for  such  district. 

Section  2.  If  in  the  opinion  of  such  common  council  any 
such  sewer  district  shall  require  an  extraordinary  outlay  of  money 
for  the  construction  of  outlets  or  pumping  stations  to  perfect  its 
sewer  system,  such  common  council  is  hereby  authorized  to  provide 
by  ordinance  for  issuing  corporate  bonds  of  such  city  payable 
within  twenty  years  from  the  time  of  their  issue  in  lawful  money 
of  the  United  States,  bearing  interest  at  a  rate  not  exceeding  five 
per  cent,  per  annum. 

Section  3.  The  bonds  authorized  to  be  issued  under  the 
provisions  of  this  act  shall  be  executed  in  the  manner  prescribed 
by  the  charter  of  the  city  issuing  the  same,  or  if  no  provision  for 
the  execution  of  the  same  is  contained  in  the  charter  of  such  city, 
then  in  the  manner  which  may  be  prescribed  by  ordinance  or 
resolution  of  the  common  council  thereof.  Such  bonds  shall  be 
called  sewer  bonds  and  shall  be  consecutively  numbered,  and  shall 
have  interest  coupons  attached,  and  shall  show  on  their  face  the 
district  for  the  benefit  of  which  they  are  issued. 

Section  4.  There  shall  be  annually  levied  a  direct  tax  upon 
all  taxable  property  in  the  district  for  the  benefit  of  which  any 


Common  council 
may  divide  city 
into  sewer 
districts. 


Corporate  bonds, 
when  may^be 
issued. 


Form  of  bonds. 


Direct  tax,  what^to 
be  levied. 


CHAP. 

8 


MILWAUKEE   CITY   CHARTER. 


158 


Limit  of  indebted- 
ness. 


sewer  bonds  are  issued,  to  pay  the  annual  interest  thereon,  and  to 
raise  a  sinking  fund  each  year  of  five  per  cent,  on  the  principal 
of  such  bonds  remaining  unpaid  and  outstanding,  for  the  payment 
of  such  principal  as  the  same  may  become  due. 

Section  5.  No  bonds  shall  be  issued  under'  the  provisions  of 
this  act  in  excess  of  the  limit  fixed  for  indebtedness  by  the  charter 
of  the  city  issuing  the  same,  or  by  the  constitution  of  this  state. 

A  statute  granting  certain  powers  to  *'  any  city  operating  under 
a  special  charter  *  *  *  and  authorized  by  such  charter  to 
construct  sewers,"  may  be  construed  to  apply  to  all  cities  whose 
special  charters,  either  expressly  or  by  implication,  authorize  them 
to  construct  sewers.  Such  cities,  being  authorized  by  their 
charters  to  repair  and  keep  in  order  their  streets,  are  "  authorized 
by  such  charters  to  construct  sewers,"  within  the  meaning  of  Ch. 
224,  laws  of  1893,  since  the  authority  first  mentioned  carries  with 
it  the  latter. 

Johnson  vs.  Milwaukee,  88  Wis.,  383. 


Milwaul(ee  harbor, 
what  it  includes. 


CHAPTER  IX. 

HARBOR   AND    RIVERS. 

Section  1.  The  harbor  of  Milwaukee  shall  include 
the  Milwaukee  river  from  lake  Michigan  to  the  dam 
across  said  river,  in  said  city,  and  all  those  portions  of 
the  Kinnickinnick  river,  and  of  the  Menomonee  river, 
and  the  canals,  water  channels  and  slips  laid  out  and 
established  in  the  valley  of  said  Menomonee  river,  under 
and  in  pursuance  of  chapter  ninety-one  of  the  local  laws 
of  1869,  which  are  in  the  limits  of  the  city  of  Milwaukee, 
and  also  lake  Michigan,  to  a  distance  of  one  mile  from 
the  shore  along  the  east  front  of  said  city;  and  said  rivers, 
and  said  canals,  water  channels  and  slips,  are  hereby 
declared  to  be  public  highways,  and  navigable  from  lake 
Michigan  to  said  dam,  and  to  the  western  and  southern 
limits  of  said  city. 

It  is  not  within  the  powers  of  a  municipal  corporation  to  engage 
in  works  of  internal  improvement,  such  as  the  construction  of 
harbors,  canals,  railroads  and  the  like  without  being  specifically 
authorized  by  the  legislature. 

Hasbrouck  vs.  Milwaukee,  13  Wis.,  42. 

Soens  vs.  Racine,  10  Wis.,  214. 


Kinnicl(innicl<  a 
navigable  river. 


Section  2.  Whenever  the  survey  and  plat  of  the 
Kinnickinnick  river,  describing  the  channel  and  dock 
lines  of  said  river  shall  be  made,  adopted  and  established, 
recorded  and  filed,  as  provided  by  section  twenty,  chapter 
one  hundred  and  twenty-nine  of  the  laws  of  1873,  the 


159  MILWAUKEE  CITY  CHARTER.  CHAP. 

9 

water  channel  of  said  river,  as  described  and  represented 
by  such  survey  and  plat,  shall  be  deemed  to  be  and  is 
hereby  declared  to  be  a  public  navigable  river,  subject  to 
all  laws  and  regulations  applicable  to  it  as  such. 

Section  3.  The  common  council  of  said  city  shall  Dock  and  wharf 
have  power,  by  ordinance,  to  establish  dock  and  wharf  ''"^s- 
lines  upon  the  banks  of  the  Milwaukee,  Menomonee  and 
Kinnickinnick  rivers,  and  the  public  canals  in  said  city, 
wherever  the  same  are  not  established  by  statute;  to 
restrain  and  prevent  encroachments  upon  said  rivers  and 
canals,  and  obstructions  thereto;  and  to  construct,  alter 
and  maintain,  or  cause  to  be  canstructed,  altered  and 
maintained,  at  the  expense  of  the  city,  docks  or  wharves 
along  the  banks  of  said  rivers  and  canals,  where  the 
same  are  not  by  law  required  to  be  constructed  and 
maintained  at  the  expense  of  the  owners  of  the  lots 
bounded  on  said  rivers  and  canals  respectively. 

Section  4.  The  board  of  public  works  shall  annually,  Harbor  masters. 
in  the  month  of  April,  appoint  one  or  more  harbor 
masters,  subject  to  the  approval  of  the  common  council. 
The  duties  and  compensation  of  such  harbor  masters, 
shall  be  prescribed  by  the  common  council,  by  ordinance. 
Their  term  of  oflSce  shall  be  one  year,  and  until  their  Term  of  office. 
successors  are  appointed  and  qualified;  but  they  shall  be 
subject  to  removal  at  any  time  by  the  board  of  public 
works,  with  the  approval  of  the  common  council. 

Section  5.  The  board  of  public  works  shall  appoint,  Bridge  tenders, 
subject  to  the  approval  of  the  common  council,  all  bridge 
tenders,  whose  number,  duties  and  compensation,  shall 
be  fixed  and  determined  by  the  common  council.  Any 
bridge  tender  may  be  removed  at  pleasure  by  the  board 
of  public  works,  or  by  the  mayor. 

BRIDGES. 

Section  6.     Draw   or  swing  bridges,  with  openings  Location  of  draw 
sufiicient  for  the  passage  of  vessels,  shall  be  maintained     or  swing  bridges, 
and  supported  at  the  expense  of  the  city,  at  the  following 
places  in  said  city,  to- wit: 

across  the  mii^waukee  river. 

From  Pleasant  street,  in  the  First  ward,  to  Dock  street, 
in  the  Sixth  ward; 

From  Water  street,  in  the  First  ward,  to  Cherry  street, 
in  the  Sixth  ward; 


CHAP. 

9 


MILWAUKEE   CITY   CHARTER. 


160 


From  Division  street,  in  the  First  and  Seventh  wards, 
to  Chestnut  street,  in  the  Second  ward; 

From  Martin  street,  in  the  Seventh  ward,  to  State 
street,  in  the  Second  ward; 

From  Oneida  street,  in  the  Seventh  ward,  to  Wells 
street,  in  the  Fourth  ward; 

From  Wisconsin  street,  in  the  Third  and  Seventh  wards, 
to  Grand  avenue,  in  the  Fourth  ward; 

From  Michigan  street,  in  the  Third  ward,  to  Sycamore 
street,  in  the  Fourth  ward; 

From  Huron  street,  in  the  Third  ward,  to  Clybourn 
street,  in  the  Fourth  ward; 

From  East  Water  street,  in  the  Third  ward,  to  Ferry 
street  in  the  Fifth  ward; 

From  Broadway,  in  the  Third  ward,  to  Lake  street  in 
the  Fifth  ward; 

ACROSS  THE  MENOMONEE  RIVER  AND  CANALS. 

From  West  Water  street,  in  the  Fourth  ward,  to  Reed 
street,  in  the  Fourth  ward; 

On  First  avenue,  in  the  Fifth  and  Eighth  wards; 
On  Sixth  street,  in  the  Fourth  ward; 
On  Muskego  road,  in  the  Fourth  ward; 

ACROSS  THE  SOUTH  MENOMONEE  CANAL. 

On  Sixth  avenue,  in  the  Eight  ward; 

ACROSS   THE   KINNICKINNIC   RIVER. 

On  Clinton  street,  and  on  Kinnickinnic  avenue,  in  the 
Twelfth  ward;  and 


Buffalo  street 
bridge 
approaches. 


ACROSS  THE   BAYOU. 

In  the  Sixth  ward. 

It  shall  be  the  duty  of  the  common  council  to  perfect, 
as  soon  as  practicable,  the  arrangement  now  pending  for 
the  conveyance  to  the  city  of  Milwaukee  of  a  strip  of 
land  not  less  than  sixty  feet  in  width,  extending  from  the 
west  dock  line  of  the  Milwaukee  river,  to  West  Water 
street,  in  the  Fourth  ward,  at  the  point  located  for  the 
western  approach  of  the  bridge  proposed  to  be  constructed 
across  said  river,  from  Buffalo  street,  in  said  Third  ward, 
to  the  Fourth  ward;  and  as  soon  as  such  strip  of  land  shall 


161  MILWAUKEE   CITY   CHARTER.  CHAP. 

9 

be  duly  conveyed  to  said  city,  the  common  council  shall 
proceed  to  construct  and  complete  a  draw  or  swing  bridge, 
and  to  maintain  the  same,  across  said  river,  from  said 
Buffalo  street  to  the  Fourth  ward,  as  provided  by  chapter 
129  of  the  laws  of  1873. 

As  amended  by  Section  27,  Chapter  324,  Laws  of  1882,  and 
Section  1,  Chapter  182,  Laws  of  1889. 

Section  7.  Stationary  bridges  shall  also  be  main-  stationary  bridges, 
tained  at  the  expense  of  the  city,  across  the  Milwaukee 
river,  from  Racine  street,  in  the  first  ward,  to  Humboldt 
avenue,  in  the  sixth  ward,  and  on  North  street,  from  the 
first  ward  to  the  sixth  ward;  also  across  the  Milwaukee 
and  Rock  River  Canal,  at  the  foot  of  Humboldt  avenue, 
at  the  foot  of  Walnut  street,  and  at  the  foot  of  Cherry 
street,  and  across  the  bayou,  on  Dock  street,  in  the  sixth 
ward;  across  Holton's  canal,  on  Canal  street,  in  the 
Fourth  and  Eighth  wards;  in  the  valley  of  the  Menomonee 
river  on  the  Muskego  road,  in  the  Eighth  ward;  across 
the  Kinnickinnic  river,  at  the  intersection  of  Clinton 
street  and  Lincoln  avenue;  and  across  the  old  channel  of 
the  Menomonee  river,  at  Canal  street,  in  the  Fourth  and 
Eighth  wards. 

As  amended  by  Section  27,  Chapter  324,  Laws  of  1882. 

In  an  action  against  the  city  for  damages  in  failing  to  maintain 
and  repair  a  bridge  which,  by  its  charter,  the  city  is  required  to 
maintain,  the  complaint  must  show  that  the  city  has  sufficient 
funds  on  hand  to  do  the  work,  which  are  lawfully  applicable 
thereto,  and  must  also  show  that  there  has  been  an  unreasonable 
delay  in  doing  the  work.  Such  delay  will  not  be  presumed  from 
an  averment  that  the  city  has  neglected  "for  the  space  of  about 
one  year ' '  to  repair  the  bridge. 

Orth  vs.  Milwaukee,  59  Wis.,  336. 

Section  8.     The  common  council  of  said    city  shall  other  swing 

have  the  power  to  construct  swinging  or  stationary  bridges     bridges  may  be 

across  any  of  the  rivers  or  canals  in  the  city,  in  addition     fO"structed  by  a 
^      .  ^-        J       J  . ,    .    r      •  .  ^    two-thirds  vote. 

to  those  mentioned  and  provided  for  m  section  seven  of 

this  chapter,  whenever  in  their  judgment  public  conveni- 
ence may  require  the  same;  provided,  that  the  same 
shall  be  so  constructed  as  not  unnecessarily  to  impede 
the  navigation  of  the  river  or  canal  over  which  the  same 
may  be  constructed;  and  provided,  further,  that  the  act, 
resolution  or  ordinance  for  the  construction  of  any  such 
bridge,  shall  require  for  its  passage  or  adoption  a  vote  of 


CHAP. 

9 


MILWAUKEE   CITY   CHARTER. 


162 


two-thirds  of  all  the  members  elect  of  the  common  council, 
and  shall  have  no  force  or  validity  without  such  two- 
thirds  vote. 

As  amended  by  Section  36,  Chapter  144,  Laws  of  1875. 


Board  to  advertise 
for  plans. 


Council  to  select 
and  approve 
plans. 


Section  9.  Whenever  the  common  council  shall,  by 
ordinance  or  resolution,  order  the  construction  of  any 
bridge,  the  board  6f  public  works  shall  have  power  to 
advertise  for  plans,  with  bids  thereon,  allowing  each  and 
every  contractor  to  present  his  own  plan  and  bid;  also 
to  prepare  or  procure  plans,  and  to  advertise  for  bids 
thereon;  and  the  authority  is  hereby  extended  to  the 
board  of  public  works  to  select  therefrom  such  bid  and 
plan  as  shall  seem  to  them  to  be  the  best  for  the  interest 
of  the  city,  and  to  report  the  same,  together  with  all 
other  plans  and  bids  for  such  bridge,  to  said  council, 
with  their  reasons  for  their  choice;  and  the  said  council 
may  approve  said  selection,  and  order  contracts  to  be 
entered  into  accordingly,  or  may  disapprove  of  the  same, 
and  by  a  vote  of  two- thirds  of  the  council  in  favor  thereof 
may  select  any  other  of  the  plans  and  bids  so  reported, 
and  direct  the  board  of  public  works  to  enter  into 
contract  on  the  same;  provided,  that  no  contract  shall  be 
entered  into  under  this  section  without  the  authority  of 
the  council,  expressed  by  ordinance  or  resolution. 


[Preservation  of 
J)ridges. 


Prosecution  for 
damages  thereto. 


Section  10.  The  general  laws  tor  the  preservation  of 
bridges,  and  the  punishment  by  such  laws  provided  for 
willful  and  malicious  injuries  done  thereto,  are  hereby 
extended  to  and  shall  include  all  of  said  bridges,  and  shall 
apply  to  any  willful  or  malicious  damage  which  may  be 
done  to  either  of  them,  by  any  person  or  persons  whom- 
soever; and  the  common  council  may  from  time  to  time 
make  such  by-laws  or  ordinances  as  they  may  deem 
necessary  for  the  preservation  of  such  bridges,  and  enforce 
the  same  by  adequate  penalties.  In  case  of  any  damage 
being  done  to  any  of  said  bridges,  by  any  vessel  or  water- 
craft  or  by  the  master,  or  any  person  in  command  thereof, 
such  vessel  or  water-craft  may  be  proceeded  against  under 
the  law  to  provide  for  the  collection  of  demands  against 
boats  and  vessels. 


163  MILWAUKEE   CITY   CHARTER.  CHAP. 

9 

CHAPTER   285,  LAAT^-S    OF  1893. 

AN  ACT  to  repeal   all   acts  heretofore  passed   prohibiting  the 
erection  of  bridges  by  cities. 

Section  1.     All  those  parts  of  the  different  city  charters  of  nujoc  mav  build 
this  state,  heretofore  passed,  prohibiting  any  city  from  erecting     bridges. 
bridges  over  waters  in  whole  or  in  part  in  this  state,  are  hereby 
repealed. 

CHAPTER  X. 

WATKR   WORKS. 

Section  1.     From  and  after  the  first  day  in  January,    Surrender  of  water 
A.  D.  1875,  or  whenever,  before  that  time,  the  board  of    works  to  city, 
water  commissioners  of  said  city  shall,   by  resolution, 
surrender  the  water  works  and  property  now  in  their 
charge  to  the  city,  and  the  common  council  shall  consent 
to  accept  the  same,  all  the  powers,  duties  and  functions 
of    the   board   of  water   commissioners   of    the   city   of 
Milwaukee,    and  of   the   engineer   and    assistants,    the 
treasurer   and   secretary,  and   all  other  officers,   agents,    oeliverv  of  oroD- 
employes  and  servants,  appointed  and  employed  by  said     erty  pertaining 
board,  shall  cease  and  determine;  and  said  board  and  its    **'6'*6*0' 
ofiScers,  agents,  employes  and  servants,  shall  on  that  day, 
or  at  the  time  of  such  surrender  and  acceptance,  deliver 
the  possession  of  the  water  works,   and  of  all  property 
pertaining  thereto,   and  of  all  their  records,    contracts, 
transactions,    reports,    accounts,    surveys,    maps,    plats, 
estimates,  profiles,  plans  and  documents,  of  whatsoever 
nature,  to  the  board  of  public  works,  who  shall  thereupon 
assume  and  have  the  exclusive  charge  and  superinten- 
dence, subject  to  the  direction  of  the  common  council,  of 
the  water  works  of  said  city;  provided,  that  the  common 
council  may  by  resolution  extend  the  time  herein  limited,   j.  ^^ 

to  such  later  date  as  to  them  may  seem  best,   and  the     extended. 
powers,  duties  and  functions  of  said  water  commissioners, 
and  of  their  appointees  and  employes,  shall  continue  till 
the  expiration  of  the  time  so  extended. 

Section  2.     It  shall  be  the  duty  of  said  board  of  public  water  matters. 
works  to  examine  and  consider  all  matters  relative  to 
supplying  the  city  of  Milwaukee  with  a  sufl&cient  quantity 
of  pure  and  wholesome  water   to   be   taken   from   lake 
Michigan,  for  the  use  of  its  inhabitants. 

Section  3.     The   said   board   shall    have    power    to  public  hydrants. 
construct  jets    and   fire    hydrants    for  public   use,    and 


CHAP.  MILWAUKEE   CITY   CHARTER.  164 

10 

fountains  at  such  places  in  the  said  city  as  the  said  board 
with  the  approval  of  the  common  council,  shall  determine, 
and  also  to  lay  water  pipes  in  and  through  all  the  alleys, 
streets  and  public  grounds  in  the  said  city,  and  generally 
to  do  all  such  work  as  may  be  found  necessary  or 
convenient,  from  time  to  time,  for  the  purposes  of  this 
chapter. 

See  Oilman  vs.  Milwaukee,  61  Wis.,  588. 

May  enter  on  pre-  SECTION  4.  The  said  board  shall  have  power,  by 
mises  for  surveys  themselves,  their  ofl&cers,  asrents  and  servants,  to  enter 
and  examina'  -       ,  ^      ■     j.^  j      „.     r      ^i. 

tjons.  upon  any  land  or  water  m  the  said  city  for  the  purpose 

of  making  examinations  or  surveys  in  the  performance 
of  their  duties  under  this  chapter,  without  liability 
therefor;  and  said  board  shall  have  power  with  the 
approval  of  the  common  council,  to  purchase  and  acquire 
for  the  said  city  all  real  and  personal  property  which  may 
be  necessary  for  the  construction  of  the  works  hereby 
provided  for. 

Taking  of  real  SECTION  5.     Whenever   any    real  estate  or  any  ease- 

estate  for  use  of  ment  therein  or  use  thereof,  shall,  in  the  judgment  of 
water  works.  g^^^  board,  be  necessary  for  the  construction  of  the  said 
works,  and  for  any  cause  an  agreement  for  the  purchase 
thereof  cannot  be  made  with  the  owner  thereof,  they 
shall  report  the  same  to  the  common  council,  and  there- 
upon the  said  common  council  shall  proceed  to  take  such 
real  estate,  easement  or  use,  as  provided  in  chapter  six 
of  this  act  in  the  case  of  taking  lands  for  public  squares, 
grounds,  streets  and  alleys,  except  that  no  petition  or  bond 
shall  be  necessary ;  but  all  the  other  provisions  of  the  said 
chapter  six  shall  apply  to  the  taking  of  such  real  estate, 
easement  or  use,  for  the  construction  of  such  works,  so 
far  as  the  same  may  be  applicable. 

Waterworks  SECTION  6.     All  property,  real,  personal  and  mixed, 

property  of  city,  acquired  for  the  construction  of  said  water  works, — and 
all  plans,  specifications,  diagrams,  papers,  books  and 
records  connected  therewith, — and  the  said  water  works 
and  all  buildings,  machinery  and  fixtures  appertaining 
thereto,  shall  be  the  property  of  the  said  city  of  Milwaukee. 

Water  fund.  SECTION  7.     There  is  hereby  created  for  the  said  city 

a  separate  fund,  to  be  called  the  water  fund.  There 
shall  belong  to  such  fund  all  bonds  and  proceeds  thereof, 
authorized  by  law  to  be  issued  for  the   construction   of 


165  MILWAUKEE  CITY  CHARTER.  CHAP. 

10 

the  said  water  works,  all  proceeds  of  all  taxes  levied  for 

the  construction  of  the  said  water  works,  all  water  rates 

assessed   and   collected   for  water  proceeding  from  such 

water  works,  and  all  other  proceeds,  revenue  and  income 

of  said  water  works, — and  all  other  moneys  and  property 

in  any  way  derived  by  the  said  city  in  aid  of  the  said 

water  works,  or  appropriated  by  the  said  common  council 

toward  the  same;  and  the  said  fund  is  hereby  exclusively 

devoted    and     appropriated     to    the    construction    and 

maintenance  of  the  said  water  works — and  to  the  payment 

of  said   water    bonds,    until    the    said    works   shall  be 

wholly   completed    and    the   said     bonds    wholly     paid. 

Said  water  fund  shall  be  kept  in  the  city   treasury  in  the  How  kept. 

custody  of  the  city  treasurer,  and  shall  be  disbursed  by 

him  on  vouchers   drawn   for   the   same   in   the   manner 

provided  in  this  act;  and  said  city  treasurer  and  the  sureties 

on  his  official  bond  shall  be  liable  for  the  safe  keeping 

and  disbursement  thereof.     It  shall  be  the   duty  of  the  special  report. 

treasurer  of  said  board  of  water  commissioners  to  submit 

his  account  of  the  water  funds  in  his  hands  on   the  first 

day  of  January,  1875,  or  at  such  time  as  the  water  works 

shall  be  surrendered,  as  provided  in  section  one  of  this 

chapter,  and  to  settle  and  adjust  such  accounts  with  the 

city  comptroller,  and  to  pay  over  any  balance  remaining 

in  his  hands  on  that  day  to  the  city  treasurer,   to   the 

credit  of  the  water  fund. 

Section  8.  It  shall  be  the  duty  of  the  said  board  of  Quarteriy  reports. 
public  works  to  report  to  the  common  council  once  in 
three  months,  all  their  doings  under  this  chapter,  and  the 
state  of  the  said  water  fund  and  the  general  condition  of 
the  said  water  works;  and  such  reports,  after  being 
submitted  to  the  common  council,  shall  be  filed  in  the 
office  of  the  comptroller  of  the  said  city. 

Section  9.  It  shall  be  the  duty  of  the  comptroller  of  separate  account. 
said  city  to  keep  separate  accounts  of  all  the  funds, 
receipts,  and  payments  on  account  of  said  water  works, 
and  a  separate  record  of  all  the  contracts  made  by  the  said 
board  touching  said  water  works,  and  of  the  estimates  of 
the  cost  of  such  contracts,  and  generally  to  keep  separate 
books  for  the  said  water  fund  and  water  works,  as  he  is 
or  may  be  by  law  required  to  keep  of  other  property, 
funds  and  interests  of  the  said  city. 


CHAP.  MILWAUKEE   CITY   CHARTER.  166 

10 

Control  of  water  Section  10.     The    said   water  works,    and    all    the 

works.  grounds,  buildings,  fixtures,  machinery  and  other  things 

appertaining  thereto,  shall  be  under  the  control  of  the 
said  board,  who  shall  have  the  power  to  regulate  and 
control  and  have  a  general  supervision  over  the  same, 
subject  to  the  authority  of  the  said  common  council. 

The  authority  of  the  board  of  public  works  to  regulate,  control 
and  supervise  the  water  works  and  appurtanances  is  subject  to  the 
authority  of  the  common  council. 

Oilman  vs.  Milwaukee,  61  Wis.,  588. 

Water  rules  and  Section  11.     The  said  board  shall  have  power,   from 

regulations.  time  to  time,    to   make  and  enforce  by-laws,  rules  and 

regulations,  in  relation  to  the  said  water  works,  and, 
before  the  actual  introduction  of  water,  they  shall  make 
by-laws,  rules  and  regulations,  fixing  uniform  water  rates 
to  be  paid  for  the  use  of  water  furnished  by  the  said 
water  works,  and  fixing  the  manner  of  distributing  and 
supplying  water  for  use  or  consumption,  and  for  with- 
holding or  shutting  off  the  same  for  cause,  and  they  shall 
have   power,    from   time   to   time,   to   alter,    modify,   or 

To  be  approved  by  repeal  such   by-laws,    rules   and   regulations;    provided, 

council.  however,  that  no  such  by-law,  rule  or  regulation,  and  no 

alteration,  modification  or  repeal  thereof,  shall  have  any 

force  until  submitted  to  and  approved  by  the  said  common 

council. 

Collection  of  water  Section  12.  All  regular  water-rates  shall  be  due  and 
rates.  payable  on  the  first  days  of  May  and  November  in  each 

year  semi-annually  in  advance,  and  metered  and  measured 
water-rates  shall  be  due  and  payable  on  the  first  days  of 
January,  April,  July  and  October  in  each  year,  for  the 
three  months  preceding  such  days.  To  all  water-rates 
remaining  unpaid  on  the  twenty-first  day  of  the  month 
in  which  they  become  due,  the  water  registrar  shall  add 

Penalty.  a  penalty  of  five  per  cent,  of  the  amount  of  such  rates, 

and  if  such  rates  shall  remain  unpaid  for  ten  days  there- 
after, he  shall  forthwith  report  the  same  to  the  city 
engineer  who  shall  cause  the  water  to  be  shut  off  the 
premises  so  reported,  subject  to  the  payment  of  such 
delinquent  rates,  and  in  all  cases  where  the  supply  of 
water  shall  be  shut  off  as  above  provided,  the  said  city 
engineer  shall  not  cause  the  water  to  be  again  turned  on 
to  said  premises  until  the  said  water  registrar  shall  duly 
certify  to  him,  that  all  delinquent  rates  and   penalties. 


167  MILWAUKEE   CITY   CHARTER.  CHAP. 

10 

and  the  sum  of  two  dollars  as  expenses  for  turning  the 

water  off  and  on,  shall  have  been  paid.     Whenever  two 

or  more  dwellings  or  tenements  or  buildings  are  connected 

with  a  street  main  by  one  pipe  only,  the  owner  or  owners 

of  such  premises  shall  provide  a  separate  cut-ofF  for  each 

of  said  dwellings,  tenements  or  buildings  in  such  locality 

as  the  board  of  public  works  shall  deem  most  elSicient 

and  expedient,  and  all  such  cut-ofFs  shall  be  conveniently 

accessible  to  and  shall  be  controlled  exclusively  by  the 

proper  officer    of   the    water    department.     Said    water 

registrar  shall,  on  or  before  each  day  when  such  rates 

become  due  and  payable  as  aforesaid,  cause  a  written  or 

printed  notice  to  be  mailed  or  personally  delivered  to  the 

owner  or  occupant  of  all  premises  subject  to  the  payment 

of  water-rates,  directed  to  the  place  where  such  water  is 

consumed,  stating  the  amount  due,  the  time  when  and 

the  place  where  such  rates  can  be  paid,  and  the  penalty 

of  neglect  of  payment.    All  water-rates  for  water  furnished 

to  any  building  or  premises  shall  be  a  lien  on  the  lot,  part  g,^^,,  ^^  allien'on 

of  lot,    or   parcel   of  land   on    which    such    building   or     property. 

premises    shall    be    situated.       If    any    water-rates     or 

fractional  parts  thereof  remain  unpaid  on  the  first  day  of 

October  in  any  year,  the  same  shall  be  certified  by  said 

water  registrar  to  the  city  comptroller  on  or  before  the 

first  day  of  November  next  following,  and  shall  be  by 

him  placed  upon  the  tax  roll  and  collected  in  the  same 

manner  as  other  taxes  on  real  estate  are  collected  in  said 

city.     The  charge  of  water  supplied  by  the  city  in  all 

premises   where   meters    are   or   shall   be   attached   and 

connected,  shall  be  at  rates  fixed  by  the  board  of  public 

works  with  the  approval  of  the  common  council;  if  in 

any  case  the  water  registrar  shall  determine   that   the 

quantity  indicated  by  the  meter  is  materially  incorrect, 

then  in  such  case  the  said  water  registrar  in  conjunction 

with  the  board  of  public  works,  shall   determine  in  the 

best  manner  in  their  power  the  quantity  used,  and  such 

determination  shall  be  conclusive;  no  water-rate  or  rates 

duly  assessed  by  said  water  registrar  against  any  property 

shall  be  thereafter  remitted  or  changed  except  by  the 

common  council  of  said  city. 

As  amended  by  Section  2,  Chapter  258,  Laws  of  1889;  also 
amended  by  Section  6,  Chapter  311,  Laws  of  1876,  and  Section  29, 
Chapter  324,  Laws  of  1882. 


MILWAUKEE   CITY   CHARTER. 


168 


Section  13.     Any  person,  who  shall  wilfully  pollute 


CHAP. 

10 

Penalty  for  pollut- 
ing water  or  ,  .      .    .  

injuring  work,  or  or  otherwise  injure  any  water  supplied  by  the  said  water 

P'P®s-  works,  in  any  tunnel,  aqueduct,  reservoir,  pipe  or  other 

thing,  or  shall  wilfully  injure  the  said  water  works,  or 
any  building,  machinery  or  fixtures  appertaining  thereto, 
or  shall  wilfully,  and  without  authority  of  the  said  board, 
impede  or  derange  the  flow  of  water  in  any  tunnel, 
aqueduct,  pipe  or  other  thing  belonging  to  the  said  water 
works,  or  shall  wilfully  and  without  authority  of  the  said 
board,  bore  or  otherwise  cause  to  leak,  any  tunnel,  aque- 
duct, reservoir,  pipe  or  other  thing  used  in  the  said  water 
works  for  holding,  conveying  or  distributing  water,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  not  exceeding  one 
thousand  dollars;  or  by  imprisonment  for  a  term  not 
exceeding  two  years,  or  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court. 


Protective  ordi- 
nances. 


Section  14.  It  shall  be  the  duty  of  the  said  common 
council,  and  they  are  hereby  empowered,  from  time  to 
time,  to  pass  such  ordinances  as  may  be  deemed  necessary 
or  expedient  to  protect  said  water  works  and  the  use 
thereof,  and  to  enforce  the  by-laws,  rules  and  regulations 
of  the  said  board  of  public  works. 


Assessment  of  SECTION  15.     The  board  of  public  works  for  the  city  of 

benefits  for  laying   Milwaukee,  before  laying  water  pipe  along  a  street,  alley, 
waer  pipe.  ^^  other  line  in  said  city,  shall  assess  against  the  several 

lots,  parts  of  lots  or  parcels  of  land  which  may  front  or 
abut  on  the  proposed  line  of  water  pipe,  or  which  may 
be  contiguous  to  and  used  in  connection  with  any  lot  or 
parcel  of  land  so  fronting  and  abutting,  the  amounts 
which  the  said  several  lots,  parts  of  lots  or  parcels  of 
land  may,  in  the  judgment  of  the  said  board,  be  specially 
benefited  by  reason  of  laying  such  water  pipe,  not  to 
exceed,  however,  the  amount  prescribed  in  the  next 
section;  provided,  that  no  lot,  parcel  of  land  or  part 
thereof,  shall  be  subjected  to  the  payment  of  more  than 
one  assessment  for  water  pipe  laid  in  the  same  street  or 
alley. 

As  amended  by  Section  30,  Chapter  324,  Laws  of  1882.  and 
Section  58,  Chapter  324,  Laws  of  1882,  which  repealed  Section  1, 
Chapter  268,  Laws  of  1880. 

See  Oilman  vs.  Milwaukee,  61  Wis.,  588. 


169  MILWAUKEE  CITY  CHARTER.  CHAP. 

10 

Section  16.  A  regular  lot  (not  corner)  which  may  Assessment  for 
front  or  abut  on  the  line  of  water  pipe,  shall  be  assessed  '"'"or  water  pipe. 
an  amount  equal  to  one-half  of  the  cost,  as  estimated  by 
the  said  board  of  public  works,  of  furnishing  and  laying 
a  regular  minor  water  pipe  of  approved  materials  and 
manufacture,  with  the  required  openings  for  connections 
with  private  service  water  pipe  along  the  front  of  such  lot, 
such  minor  pipe  to  be  not  less  than  four  nor  more  than 
six  inches  in  diameter,  as  the  said  board  may  determine. 
Every  irregular  lot,  part  of  lot,  or  other  parcel  of  land  Irregular  lots. 
fronting  or  abutting  on  such  line  of  water  pipe,  and  like- 
wise any  parcel  of  land,  or  lot,  which  shall  be  contiguous 
to  any  parcel  of  land,  or  lot,  or  part  of  lot  so  fronting  or 
abutting,  and  which  in  the  judgment  of  the  said  board  is 
or  may  be  most  advantageously  used  in  connection  there- 
with, shall  be  assessed  for  such  water  pipe  the  amount 
which,  in  the  judgment  of  said  board,  shall  be  as  nearly 
as  may  be  in  just  proportion  to  the  amount  assessed  for 
regular  lots  as  compared  with  the  special  benefits  derived 
by  each  from  the  laying  of  the  said  water  pipe. 

As  amended  by  Section  31,  Chapter  324,  Laws  of  1882,  and 
Section  58,  Chapter  324,  Laws  of  1882,  which  repealed  Section 
2,  Chapter  268,  Laws  of  1880. 

It  is  not  a  voluntary  payment  where  one  pays  the  entire  cost 
of  laying  water  pipe,  not  knowing  what  the  actual  cost  was,  but 
acting  under  the  belief  induced  by  fraudulent  representations  of 
city  officers  that  she  was  being  charged  only  half  cost. 

Harrison  vs.  Milwaukee,  49  Wis.,  247. 

See  Oilman  vs.  Milwaukee,  61  Wis.,  588. 

Section  17.  Every  corner  lot,  and  every  lot,  part  of  q^^^^^,  j^j  assess- 
lot  or  parcel  of  land,  which  may  front  or  abut  on  more  ments. 
than  one  street  on  which  a  line  of  water  pipe  shall  be 
proposed  to  be  laid,  shall  be  assessed  for  every  such 
line  of  water  pipe;  but  the  aggregate  of  the  assessment 
therefor  on  any  such  lot  or  parcel  of  land,  shall  be  as 
nearly  as  may  be  in  just  proportion  to  the  amount 
assessed  for  regular  lots,  as  compared  with  the  special 
benefits  derived  by  them  respectively,  from  the  laying 
of  such  water  pipe;  and  in  making  such  assessment,  the 
said  board  shall  take  into  consideration  the  situation  of 
such  lot  or  parcel  of  land,  with  respect  to  its  different 
fronts  and  all  subdivisions  thereof  by  sale,  contract,  use 
or  occupation  in  severalty  and  may  assess  subdivisions 
separately;    and    may    also    assess    any    subdivision    of 


CHAP. 

10 

May 
vision 
lots. 


MILWAUKEE   CITY   CHARTER. 


17(> 


subdi-  such  lot  or  parcel  of  land  in  connection  with  any  other 
of  corner  part  of  such  lot  or  other  lot  or  land  contiguous  thereto 
and  most  advantageously  used  in  connection  therewith. 

As  amended  by  Section  32,  Chapter  324,  Laws  of  1882,  and 
Section  58,  Chapter  324,  Laws  of  1882,  which  repealed  Section  3, 
Chapter  268,  Laws  of  1880. 


Apportionment  to 
such  subdivision. 


Report  of  such  as- 
sessment to  be 
filed,  and  pub- 
lished. 


Section  18.  Whenever  any  lot  or  parcel  of  land  shall 
be  subdivided  by  sale  or  contract,  or  by  use  or  occupation 
in  severalty,  whether  such  subdivision  shall  occur  before 
or  after  the  assessment  of  special  benefits  as  herein 
provided,  the  said  board  of  public  works  may,  after  ascer- 
taining such  fact,  at  any  time  before  the  sale  of 
such  lot  for  the  non-payment  of  the  assessment,  make 
an  equitable  apportionment  of  the  benefit  tax  against 
such  lot  or  parcel  of  land,  among  the  different  subdi- 
visions thereof. 

Section  19.  The  said  board  of  public  works  shall 
file  reports  of  such  assessments  with  the  comptroller, 
who  shall  record  the  same  in  a  book  to  be  kept  for  that 
purpose,  and  give  notice  thereof  to  the  parties  inter- 
ested, by  publishing  the  same  for  three  successive  days 
in  the  ofiicial  papers.  Any  person  feeling  himself 
aggrieved  by  the  report  of  said  board,  may,  within  twenty 
days  after  the  completion  of  the  publication  of  notice 
by  the  comptroller,  appeal  from  such  report  to  the 
circuit  court  of  Milwaukee  county.  Such  appeal  shall 
be  entered  and  conducted  in  like  manner,  and  like 
security  for  costs  shall  be  required  as  provided, by  law 
in  cases  ofappealsfrom  the  decision  of  the  common  council 
of  said  city  to  said  court,  on  the  returns  of  assessments 
of  benefits  for  street  improvements.  In  the  making 
and  signing  of  all  reports  or  returns,  under  this  chapter, 
by  the  said  board  of  public  works  to  the  comptroller 
or  any  other  officer  of  said  city,  the  official  signatures 
of  the  president  and  secretary  of  said  board  shall  be 
sufficient. 

The  remedy  by  appeal  within  twenty  days  is  not  exclusive,  so 
as  to  prevent  recovery  by  action,  of  the  excess  paid  in  ignorance 
of  facts  through  fraudulent  misrepresentations  of  municipal 
officers. 

Harrison  vs.  Milwaukee,  49  Wis.,  247. 

Comptroller  shall  SECTION  20.     The  said   board  of  public  works  shall, 

keep  record  of      from  time  to  time,  make  reports  to  the  comptroller  of  all 

work  done,  for  which  assessments  shall  have  been  made, 


Appeals,  how  taken 
and  conducted. 


powers. 


171  MILWAUKEE  CITY  CHARTER.  CHAP. 

10 

as  hereinbefore  provided,   and  the  comptroller  shall  file 

such  reports,  and  enter  the  same  in  his  book  of  records 

of   assessments;    and   of   all    assessments   for    work    so 

reported  to   have   been   done,    the   comptroller  shall,  if 

possible,  make  certified  returns  to  the  city  clerk,  in  time 

to  have  the  same  included  in  the  tax  levy  for  the  current 

year;  and  the  same  shall  be  entered  on  the  tax  roll  in  a  To  be  entered  on 

separate  column,  under  the  head  of  "water  pipe  assess-     tax  roll  as  "water 

Dine  assess* 
ments;"  and  the  same  shall  be  collected,  and  the  payment     ments." 

thereof   shall    be    enforced    by    sale,    deed,    and   other 

proceedings,  in  like  manner  as  is  now  provided  by  law 

in   cases   of  assessments   for   street  improvements.     No 

certificates  shall  be  issued  by  the  comptroller  for    such 

assessments,  but  all  such  assessments,  and  the  proceeds 

thereof,  when  collected,  shall  belong  to  the  fund  for  the 

construction  of  water  works,    and   shall   be   credited   to 

said  fund  on  the  books  of  the  comptroller  and  treasurer 

of  said  city. 

Section  21.  On  the  third  Tuesday  of  April,  1890,  Water  registrar, 
and  every  three  years  thereafter,  the  mayor  of  the  city  of  ^"J|.^^^"^ 
Milwaukee  shall  appoint,  subject  to  the  confirmation  of 
the  common  council,  a  proper  person  to  be  the  water 
registrar  of  said  city,  who  shall  hold  his  office  for  three 
years  and  until  his  successor  is  appointed  and  has 
qualified.  Said  water  registrar  shall  receive  an  annual 
salary  of  twenty-five  hundred  dollars  from  the  time  he 
enters  upon  his  duties.  Said  water  registrar  shall  have 
authority  to  collect  and  receive  all  water-rates  in  said 
department,  and  shall  have  charge  of  all  books  and  papers 
relating  to  the  assessment  and  collection  of  water-rates, 
and  shall  cause  the  water-rates  to  be  duly  assessed  and 
listed,  and  shall  also  keep  proper  books  of  account  of  the 
business  of  his  said  office  and  shall  account  to  and  pay 
over  to  the  city  treasurer  of  said  city  daily,  all  moneys 
which  may  come  into  his  hands  by  virue  of  the  provisions 
of  law  relating  to  said  office.  Said  water  registrar  shall 
appoint,  subject  to  the  confirmation  of  the  common 
council,  all  subordinate  officers  in  his  said  department, 
and  he  may  require  such  subordinate  officers  to  give 
reasonable  bonds  for  the  faithful  discharge  of  their  official 
duties.  Said  water  registrar  shall  before  entering  upon 
his  official  duties  prescribed  in  this  act,  take  the  oath  of 
office  required  of  other  city  officers  by  the  charter  of  said 
city,    and    shall    also    execute   a   bond   to   the   city   of 


CHAP.  MILWAUKEE   CITY   CHARTER.  172 

10 

Milwaukee,  with  sufficient  sureties,  to  be  approved  by 
the  mayor  and  comptroller,  in  the  penal  sum  of  twenty 
thousand  dollars,  conditioned  that  he  will  faithfully 
discharge  his  duties  of  his  said  office,  and  account  to  and 
pay  over  to  the  city  treasurer  of  said  city,  as  required  by 
law,  all  moneys  which  may  come  into  his  hands  by  virtue 
of  said  office.  The  water  registrar  shall  file  with  said 
comptroller  on  the  first  day  of  May  and  November  in 
each  year,  a  report  containing  a  statement  of  the  amount 
of  assessments  for  the  succeeding  six  months,  stating  the 
amount  of  each  and  every  bill  issued  by  him,  also  a  state- 
ment of  the  amounts  received  by  him  for  regular  water- 
rates  in  each  ward  during  the  six  months  preceding  said 
days,  and  of  any  and  all  changes  made  in  the  assessment 
for  said  period,  and  of  all  amount  of  regular  water-rates 
uncollected  during  such  period;  also  a  separate  statement 
of  all  the  metered  and  measured  water-rates  collected  by 
him  during  the  preceding  six  months,  and  of  the  amounts 
of  water-rates  remaining  uncollected  at  such  time,  and  of 
all  penalties  and  other  moneys  that  may  have  been 
received  by  him.  He  shall  also  on  the  first  day  of  each 
month  furnish  to  the  city  engineer  a  statement  of  the 
amount  of  money  received  by  him  during  the  preceding 
month.  The  present  collector  of  water-rates  of  said  cit}^ 
of  Milwaukee  shall,  from  and  after  the  passage  and  publi- 
cation of  this  act,  exercise  and  hold  the  office  of  water- 
registrar  of  the  water  department  of  said  city  under  the 
provisions  of  this  act,  and  receive  the  compensation  here- 
inbefore provided,  until  his  successor  shall  be  appointed 
and  have  qualified  as  provided  in  this  section. 

As   enacted  by    Section  33,    Chapter  324,    Laws  of  1882,  and 
amended  by  Section  1,  Chapter  258,  Laws  of  1889. 

Water  permits  may       SECTION  22.     It  shall  be  lawful  for  the  board  of  public 

be  granted  to         works  of  the  city  of  Milwaukee,  subject  to  the  approval 

ffT^cTsabrd'"^       ^^  ^^^  common  council  of  said  city,  to  issue  a  permit  to 

soldiers.  the   county   of  Milwaukee,    national   home  for  disabled 

soldiers,  or  any  other  party,    to  obtain  water  from   the 

water  works  in  the  said  city  for  use  outside  of  the  limits 

of  said  city;  and  for  that  purpose  to  connect  any  pipe 

that  shall  be  laid  outside  of  the  city  limits  with  any  water 

pipe  in  said  city;  provided,  however,  that  no  such  permit 

shall  be  issued  until  the  party  making  application  therefor 

shall  first  file  with  the  board  of  public  works  a  bond  in 

such  sum  and  with   such  surety  as  the  said  board  shall 


173  MILWAUKEE  CITY   CHARTER.  CHAP. 

10 

approve,  conditioned  that  the  said  party  will  obey  all  rules 
and  regulations  that  may  from  time  to  time  be  prescribed 
by  the  board  of  public  works  for  the  use  of  such  water, 
that  he  will  pay  all  charges  fixed  by  said  board  for  the 
use  of  such  water  as  measured  by  a  meter  to  be  approved 
by  said  board,  which  charges  shall  not  be  less  than  one- 
quarter  more  than  that  charged  to  the  inhabitants  of  the 
city  for  like  use  of  water;  and  further,  that  he  will  pay 
the  city  of  Milwaukee  all  damages  whatever  that  it  may 
sustain,  arising  in  any  way  out  of  the  manner  in  which 
such  connection  is  made  or  water  supplied  is  used.  In 
case  of  granting  a  permit  to  the  county  of  Milwaukee  or 
to  the  national  home  for  disabled  soldiers,  the  board  of 
public  works  may  waive  the  giving  of  such  a  bond. 
Every  such  permit  shall  be  issued  upon  the  understanding 
that  the  city  of  Milwaukee  shall  in  no  event  ever  be  liable 
for  any  damage  in  case  of  failure  to  supply  water;  and  it 
shall  be  lawful  for  the  said  board  of  public  works,  at  any 
time  to  cancel  such  permit,  to  cut  off  the  supply  of  water 
and  break  such  connection  when  in  their  judgment  the 
interests  of  the  city  shall  require;  and  in  case  the  party 
to  whom  such  permit  shall  have  been  granted,  shall 
refuse  or  neglect  to  obey  the  rules  and  regulations 
prescribed  by  said  board  for  the  use  of  such  water,  or  in 
case  the  common  council  of  the  said  city  shall  so  direct, 
it  shall  be  the  duty  of  the  said  board  to  do  so. 

As  enacted  by  Chapter  54,  Laws  of  1887,  approved  March  16, 

1887. 

Section  22.     The  board  of  public  works,    with   the  g^^^.^  ^^     j^^^ 
approval  of  the  common  council,  may  require  the  attach-     works  may 
ing  and  connecting  of  water-meters  to  all  service  pipes     require  water 
supplying  water  from  the  city  water  works  to  hydraulic     attached  to  ser- 
elevators     or    to     manufactories     and    other    places    of    vice  pipes,  when. 
business    where    water    is    used    for   manufacturing   or 
other  purposes,  and  the  board ,  with  the  approval  of  the 
common  council,  may  prescribe  and  regulate  the  kind  of 
water   meters   to  be  used  in  said  city  and  the  manner 
of  attaching  and  connecting  the  same,  and  may  in  like 
manner  make  such  other  rules  for  the  use  and  control 
of  water  meters  attached  and  connected  as  herein  provided 
as  shall  be  necessary  to  secure  reliable  and  just  measure- 
ment of  the  quality  of  water  used  for  any  such  elevator 
or   manufactory  or  other  business  place;  and  may  alter 
and   amend   such   rules   from   time    to    time,    as    shall 


CHAP. 

10 


MII.WAUKEE   CITY   CHARTER. 


174 


May  make  rules 
and  regulations 
for  ventilating 
and  trapping 
drains,  etc. 


be  necessary  for  the  purpose  named;  provided,  that 
all  such  rules  and  all  amendments  and  alterations 
thereof,  shall  be  approved  by  the  common  council  before 
the  same  shall  have  efifect.  If  the  owner  or  occupant 
of  any  premises,  where  the  attaching  and  connection 
of  a  water  meter  may  lawfully  be  required,  shall 
neglect  or  fail  to  attach  and  connect  such  water  meter, 
as  is  required  according  to  the  rules  of  the  board,  for 
thirty  days  after  the  expiration  of  the  time  in  which 
such  owner  or  occupant  shall  have  been  notified  b}^  said 
board  to  attach  and  connect  such  meter,  said  board  may 
cause  the  water  supply  by  the  city  to  be  cut  ojff  from  the 
premises,  and  it  shall  not  be  restored  except  upon  such 
terms  and  conditions  as  the  board,  with  the  approval  of 
the  common  council,  shall  prescribe.  The  charge  for 
water  supplied  by  the  city  in  all  premises  where  meters 
are  or  shall  be  attached  and  connected  shall  be  at  rates 
fixed  by  the  board  with  the  approval  of  the  council,  and 
for  the  quantity  indicated  by  the  meter,  unless  in  any 
case  the  board  shall  determine  that  the  quantity  indicated 
by  the  meter  is  materially  incorrect,  and  in  such 
case  the  board  shall  determine  in  the  best  way  in  their 
power  the  quantity  used,  and  such  determination  shall 
be  conclusive. 

As  enacted  by  Chapter  463,  Laws  of  1887,  approved  April 
13th,  1887. 

Section  23.  The  board  of  public  works  with  the 
approval  of  the  common  council,  may  also  make  rules 
and  regulations  for  the  proper  ventilating  and  trapping 
of  all  drains,  soil-pipes  and  fixtures  hereafter  constructed 
to  connect  with  or  be  used  in  connection  with  the  sewerage 
or  water  supply  of  the  city,  and  the  common  council 
may  provide  by  ordinance  for  the  enforcement  of 
such  rules  and  regulations,  and  may  prescribe  proper 
penalties  and  punishment  for  disobedience  of  the  same. 
The  board  of  public  works,  with  the  approval  of  the 
common  council,  may  also  make  rules  to  regulate  the 
use  of  vent,  soil,  drain,  sewer  and  water  pipes  in  all 
buildings  in  said  city,  which  hereafter  shall  be  proposed 
to  be  connected  with  the  city  water  supply  or  sewerage, 
specifying  the  dimensions,  strength  and  material  of 
which  the  same  shall  be  made,  and  which  may  prohibit 
the  introduction  into  any  building  of  any  style  of  water 
fixture,  trap  or  connection,  the  use  of  which  shall  have 


175  MILWAUKEE   CITY   CHARTER.  CHAP. 

10 

been  determined  to  be  dangerous  to  health  or  for  any 
reason  unfit  to  be  used,  and  the  board  shall  require  a 
rigid  inspection  by  a  skilled  and  competent  inspector 
under  the  direction  of  the  board,  of  all  plumbing  and 
•draining  work,  and  water  and  sewer  connections  here- 
after done  or  made  in  any  building  in  the  city,  and 
unless  the  same  are  done  or  made,  and  made  according 
to  the  rules  of  the  board  and  approved  by  the  board,  no 
connection  of  the  premises  with  the  city  sewerage  or  water 
supply  shall  be  allowed. 

As  enacted  by  Chapter  463,  Laws  of  1887. 


CHAPTER  90,  LAWS  OF  1891. 

Section  1.  The  common  council  of  the  city  of  Milwaukee  is  « 
hereby  authorized  to  provide  by  ordinance  for  the  issue  of  corporate  j^^y  jggyg  bonds 
bonds  of  said  city  not  exceeding  in  amount  one  hundred  thousand 
dollars,  payable  in  not  more  than  twenty  years  after  date  of  said 
issue.  Said  bonds  shall  bear  interest  not  exceeding  the  rate  of 
five  per  cent,  per  annum,  and  shall  be  known  as  and  called  "city 
water  bonds,"  and  shall  be  issued  to  provide  funds  for  the  exten- 
sion of  the  system  of  water  works  in  said  city.  Provided,  that  not 
more  than  fifty  thousand  dollars  worth  of  said  bonds  shall  be 
issued  in  the  year  1891,  and  not  more  than  fifty  thousand  dollars 
worth  of  said  bonds  shall  be  issued  in  the  year  1892. 


How  issued. 


Section  2.  All  bonds  issued  under  the  provisions  of  this  act, 
shall  be  signed  by  the  mayor  and  clerk  of  said  city,  countersigned 
by  the  comptroller  of  said  city,  attested  by  the  commissioners  of 
public  debt  of  said  city,  sealed  with  the  corporate  seal  of  said 
city,  made  payable  in  lawful  money  of  the  United  States  of 
America  in  the  city  of  Milwaukee  or  New  York,  and  shall  each 
be  for  the  principal  sum  of  one  thousand  dollars,  or  five 
hundred  dollars,  or  one  hundred  dollars,  and  shall  have  attached 
thereto  interest  coupons  or  warrants  for  the  semi-annual  payment 
of  interest  thereon  and  such  bonds  and  coupons  shall  be  numbered 
in  the  form  and  manner  to  be  designated  by  said  comptroller. 

Section  3.  Bonds  issued  under  the  provisions  of  this  act  shall  m  .. 
be  issued  from  time  to  time,  in  such  amount  as  the  common  *  disposed  of. 
council  of  said  city  may  determine  upon;  said  bonds  when  issued 
and  properly  signed  and  sealed,  shall  be  delivered  to  the  commis- 
sioners of  public  debt  of  said  city,  and  by  that  body  disposed  of; 
the  proceeds  arising  therefrom  to  be  paid  into  the  treasury  of  said 
city,  and  such  proceeds  shall  constitute  a  separate  and  distinct 
fund,  to  be  exclusively  applied  for  the  purposes  specified  in  the 
first  section  of  this  act. 

Section  4.     The  office  of  commissioners  of  public  debt  of  said   ^^onere  o^f^plIbHc 
city  shall  not  be  abolished  while  any  bonds  issued  under  the     debt  not  to  be 
provisions  of  this  act  remain  outstanding  and  unpaid.  abolished. 


CHAP. 

10 

Certain  sections  of 
chapter  87,  laws 
of  1861,  made  a 
part  of  this  act. 


MILWAUKEE   CITY   CHARTER. 


176 


Tax  to  be  levied  to 
pay  interest  and 
principal  of 
bonds. 


Bonds  to  be 
cancelled. 


Same. 


Bonds  not  to  be 
sold  for  less  than 
par  value. 


Section  5.  The  provisions  of  sections  2,  6,  7,  8,  9, 10, 11  and  17, 
chapter  87,  of  the  laws  of  1861  applicable  and  not  inconsistent 
with  the  provisions  of  this  act,  shall  apply  to  bonds  issued  under 
the  provisions  of  this  act  and  such  sections,  if  not  inconsistent, 
are  incorporated  as  a  part  of  this  act.  The  true  intent  and  meaning 
of  this  act  is  to  provide  for  the  present  issue  of  bonds  in  the  same 
manner  as  bonds  issued  under  the  provisions  of  that  act  are  provided 
for,  unless  the  common  council  upon  the  recommendation  of  the 
commissioners  of  public  debt  shall  elect  by  ordinance  to  specify, 
what  particular  bonds  shall  expire  and  be  retired  in  each  year  not 
less  than  five  per  cent,  of  the  whole  issue,  and  said  common  council 
is  hereby  authorized  to  so  elect. 

Section  6.  The  common  council  of  said  city  shall  annually 
cause  a  tax  to  be  levied  upon  all  taxable  property  in  said  city, 
both  personal  and  real,  for  the  paj'ment  of  the  annual  interest  on 
all  unpaid  bonds  issued  under  the  provisions  of  this  act,  and  for 
twenty  years  before  the  principal  of  said  bonds  becomes  due,  the 
said  common  council  shall  annually  cause  a  tax  to  be  levied  upon 
all  taxable  property,  both  personal  and  real,  equal  in  amount  to 
five  per  cent,  of  all  bonds  issued  and  outstanding  under  the 
provisions  of  this  act,  for  a  sinking  fund  to  redeem  such  bonds  as 
the  said  commissioners  of  public  debt  direct  to  be  cancelled  or 
which  shall  have  matured. 

Section  7.  As  soon  as  a  sinking  fund  shall  have  been  collected 
and  set  aside,  the  said  commissioners  of  public  debt  shall  proceed 
to  cancel  bonds  in  amount  equal  to  the  sinking  fund  so  provided. 

Section  8.  All  bonds  directed  to  be  paid  by  said  commis- 
sioners of  public  debt  shall  be,  when  paid,  stamped,  "cancelled," 
and  when  so  stamped  shall  be  delivered  to  the  common  council  of 
said  city  and  by  that  body  publicly  declared  cancelled. 

Section  9.  The  commissioners  of  public  debt  of  said  city  are 
hereby  prohibited  from  selling  or  otherwise  disposing  of  any  such 
bonds  at  a  less  valuation  than  par,  that  is  to  say,  at  less  than  the 
principal  of  said  bonds,  together  with  the  accrued  interest  thereon, 
and  said  commissioners  of  public  debt  are  further  prohibited  from 
issuing  bonds  under  the  provisions  of  this  act,  which,  together 
with  the  bonds  heretofore  issued,  shall  exceed  the  limit  of  the 
bonded  indebtedness  of  said  city. 


Cities  may  lease  or 
purchase  water 
works  or  lighting 
works,  how. 


CHAPTEK  182.  LAWS  OF  1895. 

AN  ACT  in  relation  to  municipal  ownership  or  control  of  water- 
works and  lighting  works. 

Section  1.  Any  city,  when  authorized  so  to  do  by  ordinance 
adopted  by  a  vote,  in  favor  of  the  same,  of  a  majority  of  all  the 
members  elect  of  its  common  council,  after  the  same  has  been 
submitted  to  a  vote  of  the  people  and  a  majority  have  voted  in 
favor  of  such  purchase  or  lease,  may  purchase  or  lease  the  water- 
works or  lighting  works,  or  both,  owned  by  any  corporation  in 


177  MILWAUKEE   CITY   CHARTER.  CHAP. 

10 

such  city  and  having  a  contract  with  such  city  for  public  service, 
or  purchase  or  lease  the  interest  of  such  corporation  in  such  works, 
or  obtain  the  control  of  such  works  by  purchasing  the  stock  of 
such  corporation  and  keeping  up  its  organization,  and  in  any  such 
case  such  council,  by  majority  vote,  may  provide  for  the  payment 
for  such  purchase  by  the  issuance  of  bonds  or  otherwise  in  such 
manner  as  the  common  council  of  such  city  may  deem  for  its  best 
interests,  not  contravening,  however,  the  provisions  of  the  consti- 
tution in  respect  to  municipal  indebtedness;  and  in  such  case  such 
city  shall  provide,  by  appropriate  ordinances  for  a  non-partisan 
management  of  such  works,  and  to  that  end,  may  create  a 
board  of  commissioners,  to  be  non-partisan  and  elected  by  the 
common  council,  fix  the  term  of  office  of  the  members  thereof, 
and  invest  such  board  with  appropriate  powers.  Provided  the 
authority  hereby  granted  shall  extend  only  to  the  purchase  or 
lease  of  water  works  or  lighting  works  already  erected  and  estab- 
lished and  in  operation  and  only  to  cities  in  which  there  exists 
one  such  system  for  such  purpose  or  purposes. 

Skction  2.     All  acts  and  parts  of  acts  so  far  as  they  conflict 
with  the  provisions  of  this  act,  are  hereby  repealed. 


CHAPTER  XI. 

PUBI^IC   DKBT. 

Section  1.     There  shall  be  in  the  city  of  Milwaukee  « :..>•««««.  «i 

11  J     r.i  1       i    11 1  1  Commissioners  of 

a  board  composed  of  three  persons,  who  shall  be  residents     public  debt. 

of  said  city,  shall  be  styled  "  commissioners  of  the  public 
debt, ' '  shall  be  appointed  by  the  mayor,  with  the  approval 
of  the  common  council,  and  shall  respectively  hold  the 
office  for  the  term  of  three  years,  and  till  their  successors 
are     appointed     and    qualified.     Each    of    the    present 
commissioners  of  the  public  debt  of  said  city  shall  continue 
to   hold   his   ofiice  until  the  expiration  of  the  term  for 
which   he    was    appointed,    and   until   his   successor   is 
appointed  and  qualified.     The  mayor  shall,  within  one  Appointments,  how 
month  after  the  expiration  of  the  term  of  any  commis-     made;  vacancies, 
sioner,  appoint  his  successor,  and  within  one  month  after     ^^^  ''"®^' 
any  vacancy  shall  occur  by  death,  resignation,  or  other- 
wise, shall  appoint  some  person  to  fill  the  vacant  office 
for   the   unexpired   term,  all   such   appointments   being 
subject  to  the  approval  of  the  common  council. 

Skction  2.     The   commissioners   of  the   public   debt  Transaction  of 
shall  fix  their  own  times  of  meeting,  and   the  mode   of    business, 
calling  their  meetings.     The  action  of  a  majority  of  them 
shall  be  deemed  the  action  of  the  commissioners.     They 
shall  transact  all  their  business  at  the  office  of  the  comp- 


CHAP.  MILWAUKEE   CITY   CHARTER.  178 

1  1 

troller,  and  that  officer  shall  be  ex-ofl&cio  the  secretary  of 
the  commissioners  and  shall  preserve  a  full  record  of  all 
their  proceedings. 

Duties  of  commis-  SECTION  3.  It  shall  be  the  duty  of  the  commissioners 
sloners.  of  the  public  debt  to  superintend  the  execution,  issue, 

and  use  of  all  bonds  issued  or  to  be  issued  by  the  city, 
and  the  levy,  collection  and  disbursement  of  the  taxes 
provided  for  by  law  for  the  interest  upon  such  bonds  and 
for  the  sinking  fund  for  the  payment  of  the  principal 
thereof,  and  to  perform  such  other  services  and  duties 
in  respect  to  the  same  as  are  or  may  be  prescribed  by 
law. 

All  city  bonds  here-  SECTION  4.  All  bonds  hereafter  issued  by  said  city 
after  issued  to  be  shall  be  numbered  consecutively  in  such  manner  as  the 
missioned  of  °'""  common  council  may  by  ordinance  prescribe,  shall  be 
public  debt.  signed  by  the  mayor  and  clerk,  sealed  with  the  corporate 

seal,  countersigned  by  the  comptroller,  and  attested  by 
the  commissioners  of  the  public  debt  of  the  said  city,  and 
Face  of  bonds  shall  ^^^^  ^^^  every  bond  issued  shall  show  on  its  face  for  what 
show,  etc.  purpose,  and  by  authority  of  what  law  it  was  issued,  and 

shall  have  plainly  engraved  or  printed  in  figures,  on  some 
convenient  place  thereon,  a  statement  of  the  several 
amounts  of  the  assessed  value  of  the  taxable  property  in 
the  city  of  Milwaukee,  for  the  five  several  years  next 
preceding  the  issue  of  such  bonds,  and  also  of  the 
principal  sum  of  the  bonded  debt  of  the  said  city  of 
Milwaukee,  issued  and  yet  outstanding — exclusive  of  the 
bonds  heretofore  issued  by  the  said  city  to  railroad  com- 
panies— specifying  severally  the  amount  of  each  issue  of 
such  bonds,  including  the  issue  of  which  the  bonds  bearing 
such  statement  shall  be  a  part. 

Section  5.  An  accurate  account  shall  be  kept  by  the 
bonds  to  be  kept  comptroller,  or  by  such  other  officer  as  may  be  appointed 
by  law  for  that  purpose,  of  the  issue  of  all  the  bonds  by 
the  said  city,  of  their  numbers,  dates  and  amounts,  of 
the  dates  of  payment  of  interest  and  principal  thereon, 
and  of  the  particular  purpose  for  which  each  bond  is 
issued.  All  bonds  issued  by  the  said  city  shall  be  nego- 
tiated and  disposed  of  by  the  said  commissioners  of  the 
public  debt,  and  such  bonds,  and  the  proceeds  thereof, 
shall  be  used  solely  and  only  for  the  purposes  defined  in 
the  law  authorizing  their  issue,  and  in  amount  shall  not 
exceed  the  limits  fixed  by  law  for  the  respective  purposes 


179  MILWAUKEE  CITY  CHARTER.  CHAP. 

1  1 

SO  defined.     The  commissioners  of  the  public  debt  shall  Commissioners  of 
r         ^-         ^     ^-  -L.  4.  A   ^^      4.\,  public  debt  shall 

from  time  to  time,    or  when  requested  by  the  common     negotiate  all  city 

council,   report  to  the  common  council  of  the  said  city     bonds. 

the  sale  or  other  disposition  of  any  city  bonds  issued  by 

said  city. 

Section  6.     The   principal  of  the  aggregate  funded  Aggregate  funded 
debt  of  the  city  of  Milwaukee,  exclusive  of  bonds  here-     ^^^^  limited, 
tofore  issued  to  railroad  companies,  and  bonds  which  may 
be    issued   in   settlement   and   liquidition   thereof,    shall 
never  exceed  a  sum  equal   to   five   per  centum   on   the 
amount  of  the  assessed  value  of  the  taxable  property  in 
the  said  city,  which  value  shall  be  ascertained  and  deter- 
mined by  the  average  annual  amount  of  the  assessment 
rolls  thereof  for  the  next  preceding  five  years,  and  all 
bonds  hereafter  issued  by  said  city  shall  contain  a  cove- 
nant to  that  effect,  and  all  bonds,  notes  or  other  evidences 
of  debt,  payable  at  a  future  day,  which  shall  be  issued   Bonds  void  when 
by  the  said  city  contrary  to  this  section,  and  in  excess  of    '■'"'*  exceeded, 
the  limitation  herein  prescribed,  either  with  or  without 
statutory  authority,  shall  be  void;  provided,  that  the  fore- 
going limitation  shall  not  apply  to  or  include  orders  drawn 
upon  the  city  treasurer,   payable  out  of  the  revenues  of 
the  current  year,  nor  to  the  certificates  or  scrip  issued  Q^y  orders  and 
or  authorized  to  be  issued  by  said  city,  by  and  under     scrip  excepted. 
section   three  of  chapter   two   hundred   and  fifty-one  of 
the  laws  of  1873,  for  the  settlement  and  payment  of  its 
bonds,   heretofore  issued  to  certain  railroad  companies; 
and   provided,   further,   that  the   common  council  may, 
as  provided   in   chapter   seventeen   of  this   act,    borrow 
money  to  be  paid  out  of  the   revenues   of  the   current 
year.     If  in  any  case,  the  city,  or  any  city  ofiicer  shall  officers  may  be 
hereafter  threaten  or   attempt  to  issue  any  such  bonds,     restrained  from 
notes,    or   other  evidences  of  debt,  in    contravention   of    '^^"'"^  ®''*^®^^- 
the  provisions  of  this  section,  they  shall  be  restrained  by 
injunction  from  so  doing,  upon  the  application  of  any 
holder  of  bonds  of  the  said   city,  or  of  any  citizen  who 
shall  have  paid  city  taxes  in  said  city  for  two  years  then 
next  preceding. 

Where  bonds  for  $100,000  are  authorized  to  be  issued,  the 
proceeds  to  be  used  in  constructing  a  harbor,  a  contract  providing 
for  a  greater  expenditure  is  void  as  to  the  excess;  and  subsequent 
ratification  of  such  contract  by  the  legislature,  without  the  assent 
of  the  corporation,  will  not  make  the  contract  valid. 

Hasbrouck  vs.  Milwaukee,  13  Wis.,  42. 


CHAP.  MILWAUKEE   CITY   CHARTER.  180 

1  1 

Relating  to  taxes.  Section  7.  A  tax  upon  all  of  the  taxable  property, 
real  and  personal,  in  the  said  city  shall  be  annually 
levied  and  collected,  at  the  same  time,  and  in  the  same 
manner  as  other  taxes  are  levied  and  collected  in  said  city, 
sufficient  in  amount  for  the  following  purposes,  to-wit: 
to  pay  the  interest  and  provide  for  the  sinking  fund  upon 
the  bonds  and  scrip  authorized  by  and  issued  under 
sections  1  and  3  of  an  act  entitled  ' '  an  act  to  enable  the 
city  of  Milwaukee  to  readjust  its  corporate  debts," 
approved  March  19,  1861,  as  stipulated  and  provided 
in  and  by  section  4  of  the  same  act.  Also  to  pay 
the  annual  interest,  and  to  provide  the  sinking  fund 
upon  all  bonds  of  the  said  city,  issued  or  to  be 
issued  to  provide  means  for  the  construction  of  water 
works  for  said  city,  or  for  other  purposes,  under  and 
in  accordance  with  the  provisions  of  chapter  406  of 
the  private  and  local  laws  of  1871,  entitled  "an  act 
authorizing  the  city  of  Milwaukee  to  issue  bonds," 
approved  March  23,  1871,  and  the  several  acts  amendatory 
thereof,  as  specially  stipulated  and  provided  in  and  by 
section  11  of  said  chapter  406.  Also  to  pay  the  interest 
on  all  other  bonds  of  said  city,  issued,  or  that  may  be 
issued  under  legal  authority,  and  outstanding  according 
to  the  terms  thereof,  and  to  provide  a  sinking  fund  equal 
to  not  less  than  five  per  centum  each  year  of  the  prin- 
cipal of  such  bonds  actually  issued  for  the  payment  of 
such  principal;  provided,  that  this  section  shall  not  include 
or  apply  to  any  bonds  heretofore  issued  by  said  city  to 
any  railroad  company  or  companies.  The  common 
council  shall,  on  or  before  the  first  day  of  October  in 
each  year,  determine  by  resolution  the  amount  of  the 
net  revenue  or  income  of  the  said  water  works,  over  and 
above  the  expenses  thereof,  which  shall  be  appropriated  and 
applied  to  the  payment  of  interest  on  the  said  water  bonds 
or  to  the  sinking  fund  for  the  payment  of  the  principal 
thereof,  and  the  amount  of  such  net  revenue  or  income  so 
appropriated  in  and  for  any  year  to  the  fund  for  the 
payment  of  such  interest,  or  to  such  sinking  fund,  may  be 
deducted  from  the  amount  of  tax  to  be  levied  in  that 
year  for  the  payment  of  the  principal  or  interest  of  such 
water  bonds. 

As  amended  by  Section  34,  Chapter  324,  Laws  of  1882. 

Section  8.     The  commissioners  of  the  public   debt 
shall,  at  least  ten  days  before   the   levy   of  general  city 


181  MILWAUKEE   CITY   CHARTER.  CHAP. 

1  1 

taxes  in  each  year,    certify    to  the  common  council  the  Commissioners  of 
amounts  necessary  to  be  levied  that  year  for  the  interest     P"blic  debt  shall 
and  sinking  funds,  on  bonds  and  scrip  of  the  said  city,     amount  necessary 
It  shall  be  the  duty  of  the  common  council  to  levy  the     to  raise  tax,  and 
tax  for  interest  and  sinking  funds  in  this  act  provided     J?der 'it  levied. 
for,  to  the  amount  so  certified  by  the  said  commissioners, 
at  the  same  time  in  each  year  that  the  common  council 
levy  the  tax  for  general  city  purposes;  and  if  they  refuse 
or  neglect  so  to  levy  in  any  case  for   five  days   after  the 
levy  of  the  tax  for   general   city   purposes,  the  commis- 
sioners of  the  public  debt  shall  levy  the  same,  and  certify 
the   amount   thereof  forthwith   to   the   city  clerk;  and  if 
the  commissioners  of  the  public  debt  should  likewise  fail   In  default,  judge  of 
to  levy   such  tax  for  interest  and  sinking  funds  within     record  mav  order 
ten  days  after  the  levy  of  the   general  city  taxes  in  any     tax  levied. 
year,  then  the  judge  of  any  court  of  record  in  Milwaukee 
county,  either  in   term  time  or  vacation,  either  in  open 
court  or  at  chambers,   may,   upon  summary  application 
of  any  holder  or  holders  of  bonds  of  the  said  city,   other 
than  bonds  heretofore  issued  to  any  railroad  company, 
to  the  amount  of  ten  thousand  dollars  or  more,  by  order, 
levy  such  tax  to  such  amount  as  he  shall  deem  necessary, 
and  certify  the   amount   thereof  to   the  city  clerk,  who 
shall  in  all  cases  cause  such  tax,  however  levied,  to  be 
extended  upon  the  tax  roll  in  like  manner  as  other  taxes 
levied  by  the  common  council,  but  in  a  separate  column, 
suitably  marked,  to  distinguish  the  same.    And  it  shall  To  be  enforced 
be  the   duty  of  the  city    treasurer,  or  other  collector  of    o"|fer7axes.^^  ^^ 
taxes,  to  proceed  to  collect  and  enforce  such  tax  in  the 
same  manner  as  other  general  city   taxes   are   collected 
and   enforced    by    law.     In   fixing    the   amount   of    the 
treasurer's  bond,  at  the  beginning  of  his  term  of  ofiice, 
the  fact  that  he  has  to  collect  this  tax  for  interest  and 
sinking  funds  shall  be  taken  into  consideration. 

Section  9.     Money   only    shall    be   received   by    the  Money  only  to  be 
treasurer  or  other  collecting  officer  in  payment  of  said     received  in  pay- 
tax  for  interest  and  sinking  funds,  and  the  same  shall  be     {Jxes.^  ^"° 
kept  in  and  disbursed  from  the    treasury  strictly   as   a 
separate  and  distinct  fund,  not  subject  to  the  order  of  the  ^ 

common  council,  and  shall  be  paid  out  only  upon  orders 
signed  by  the  mayor,  countersigned  by  the  comptroller 
and  approved  in  writing  by  a  majority  of  the  commis- 
sioners of  the  public  debt  and  specifying  the  purpose 
for   which   they   are  drawn;    and  such   money  shall   be 


MII^WAUKEE   CITY   CHARTER. 


182 


CHAP. 
1    1 

Money  to  be  used  drawn  out  only  for  the  purpose  of  paying  interest  on  the 
for  no  other  bonds  and  scrip  provided  for  by   section   seven  of  this 

chapter,   and  for  retiring  such  bonds  and  scrip  in  the 
manner  hereinafter  provided. 


purpose. 


City  shall 
purchase. 


City  treasurer  to 
report  condition 
of  interest  and 
sinking  funds. 


Commissioners  of 
public  debt  to 
advertise  for  pro- 
posals for  retire- 
ment and  cancel- 
lation of  scrip  or 
bonds. 


Proposals  how  re- 
ceived and 
opened. 


Section  10.  If  upon  the  sale  of  any  property  for 
delinquent  taxes  the  city  shall  become  the  purchaser,  it 
shall  appropriate  and  add  to  the  fund  raised  for  interest 
and  sinking  funds,  a  sum  equal  to  the  amount  of  such 
delinquent  tax  which  was  levied  for  interest  and  sinking 
funds  out  of  the  first  moneys  which  shall  be  in  or  come 
into  the  treasury  from  any  source  whatever. 

Section  11.  The  city  treasurer  shall  every  year, 
immediately  after  the  sale  of  land  for  delinquent  taxes, 
and  whenever  else  he  shall  be  thereto  requested  by  the 
commissioners  of  the  public  debt,  in  addition  to  any  other 
report  which  he  shall  be  required  by  law  to  make,  report 
to  said  commissioners  the  condition  of  the  interest  and 
sinking  funds,  embracing  a  statement  of  all  sums  collected 
and  held  or  disbursed  by  him  for  those  funds,  and  no 
settlement  by  the  treasurer  with  the  common  council  as 
to  those  funds  shall  be  of  any  validity  unless  confirmed 
by  said  commissioners. 

Section  12.  Once  in  each  year,  immediately  after 
the  coming  of  the  report  mentioned  in  the  last  section, 
the  commissioners  of  the  public  debt  shall  cause  notice 
to  be  given  by  the  comptroller,  or  otherwise  by  publica- 
tion in  one  daily  newspaper  printed  in  the  city  of  New 
York,  and  one  daily  newspaper  printed  in  the  city  of 
Milwaukee,  each  of  general  circulation,  for  twenty  days 
at  least,  of  the  time  and  place  of  receiving  bids  or  pro- 
posals from  bondholders  or  scripholders  to  surrender 
their  bonds  or  scrip  for  cancellation  on  payment  out  of 
the  sinking  fund  applicable  thereto,  the  manner  of 
directing  such  proposals,  and  such  other  things  as  the 
commissioners  shall  direct  to  be  inserted  in  such  notice. 
The  proposals  received  shall  be  opened  by  the  commis- 
sioners of  the  public  debt,  in  the  presence  of  the  mayor 
and  such  other  persons  as  shall  choose  to  attend;  and 
the  lowest  rates  offered,  provided  the  same  be  at  or  below 
par,  shall  be  accepted  to  the  extent  of  the  fund  on  hand 
to  pay  the  same  at  those  rates;  and  the  bonds  or  scrip  so 
offered  at  the  lowest  rates,  shall  be  paid  at  those  rates  on 
being  surrendered  for  cancellation.    When  the  funds  shall 


183  MILWAUKEE   CITY   CHARTER.  CHAP. 

I   1 

not  be  sufficient  to  pay  all  the  bonds  and  scrip  which  are 
offered  at  equal  rates  and  lower  than  all  others,  the 
commissioners  shall  select  at  once,  and  publicly,  as  afore- 
said, among  such  bonds  and  scrip,  by  lot,  so  many  as 
they  shall  have  the  means  to  pay.  In  case  any  parties, 
whose  proposals  shall  be  accepted,  shall  not,  within  such 
reasonable  time  as  the  commissioners,  with  the  approval 
of  the  mayor,  shall  fix,  surrender  their  bonds  or  scrip, 
the  commissioners  may,  with  the  approval  in  writing  of 
the  mayor,  accept  the  next  best  proposal,  provided  they 
are  below  par,  or  they  may  advertise  and  proceed  May  advertise 
throughout  anew,  in  the  manner  provided  in  this  section,  *"®^' 
and  so  in  like  manner  again  and  again,  as  often  as  the 
last  named  contingency  shall  arise.  All  bids  or  proposals  What  bids  shall 
by  bondholders  or  scripholders,  under  this  section,  shall  specify. 
particularly  specify  the  numbers  of  the  bonds  or  scrip  so 
proposed  to  be  retired,  and  shall  be  accompanied  by  a 
certificate  in  each  case,  of  the  president  or  cashier  of  some 
reputable  bank,  or  some  person,  in  either  case  to  be 
approved  by  the  commissioners  of  the  public  debt,  to  the 
effect  that  the  bonds  or  scrip  specified  in  such  bid  are  all 
deposited  in  such  bank,  or  with  such  person,  and  will  be 
delivered  up  for  cancellation  if  such  bid  shall  be  accepted 
by  the  commissioners. 

Section  13.     In  any  case  when  no  proposals,  or  not  vvhat  proposals  in. 
sufficient   in    amount   to   consume  the  moneys  on  hand     sufficient. 
belonging  to  the  sinking  funds,  shall  be  received  to  retire 
bonds  or  scrip  at  or  below  par,  the  commissioners  may 
advertise  and  proceed  throughout  again,  as  provided  in 
the  last  section  above,  or  with  the  approval  of  the  mayor, 
shall  in  their   discretion  determine  by  lot,   publicly  as 
aforcvsaid,  which  bond  or  bonds,  or  scrip,  shall   be  paid 
out   of  the  moneys  then  in  the  sinking  fund  provided 
therefor,  at  par,  including  interest,  and  shall  notify  the 
holders  of    their  readiness  to  pay  the  same,  by  advertise- 
ment for  twenty  days  in  one  daily  newspaper  printed  in 
the  city  of  New  York,  and  one  daily  newspaper  printed 
in  the  city  of  Milwaukee,    each  of  general  circulation, 
and  from  the  time  of  the  completion  of  such  notice  in 
both  papers,  such  bonds  or  scrip  so   determined  by  lot, 
shall  cease  to  bear  interest,  unless  the  city  shall  neglect   interest  on  bonds 
to  pay  the  same  for  ten  days  after  payment  thereof  shall     or  scrip  to  cease, 
afterwards  be   demanded;    and  the  money  shall  be  kept     ^'^®"' 
constantly  on  hand  by  the  treasurer,  to  pay  the  same  on 


CHAP.  MILWAUKEE   CITY   CHARTER.  184 

1   1 

presentment,  unless  the  commissioners  of  the  public 
debt,  with  the  approval  of  the  mayor,  shall  otherwise 
order. 

Sinking  fund  money  SECTION  14.  The  moneys  levied  and  collected  for,  or 
to  be  a  trust  fund,  belonging  to  the  interest  and  sinking  funds,  shall  be 
held  in  trust  for  those  purposes  only,  or  for  the  benefit 
of  the  holders  of  the  bonds  of  the  diiGferent  issues  or  classes 
for  which  such  funds  are  specially  provided,  and  shall  in 
no  way  be  diverted  from  the  specific  purposes  for  which 
they  are  provided;  nor  shall  the  same,  or  any  part  thereof, 
be  subject  to  attachment  or  execution,  or  be  liable  by  any 
process  or  proceeding,  to  be  subject  to  the  payment  of  any 
other  debt  than  that  to  meet  which  they  were  specially 
raised  or  appropriated  under  this  act. 

Cancellation  Section  15.     All  bonds  and  interest  coupons,  paid  or 

otherwise  retired,  shall  be  forthwith  marked  cancelled, 
by  the  commissioners  of  the  public  debt,  and  by  them 
returned  to  the  common  council  of  the  said  city,  who 
shall  forthwith  publicly  cancel  the  same. 

Note. — As  to  constitutionality  of  certain  legislation  authorizing 
issuance  of  bonds,  consult  Johnson  vs.  Milwaukee,  88  Wis.,  383. 

CHAPTER  XII. 

PUBLIC  SCHOOLS. 
School  board,  how       Section  1.     The  public  schools  of  the  city  of  Milwau- 

elected,  term  of     kee  shall  be  under  the  general  management,   control  and 
office  fitc 

'      '  supervision  of  a  school  board,   consisting  of  two  persons 

from  each  ward,  to  be  appointed  by  the  aldermen  of  such 
ward,  subject  to  confirmation  by  the  common  council. 
The  members  of  said  board  shall  hold  their  offices  for 
three  years  unless  sooner  removed;  provided,  that  the 
present  school  commissioners  shall  remain  in  ofiice  for 
the  terms  for  which  they  have  been  elected  respectively. 
President,  how  A  president  shall  be  elected  by  said  board,   who  shall 

elected.  ^^  a  member  thereof,   and  in  his   absence   shall   elect  a 

president  for  the  time.  The  seat  of  any  member  shall 
be  declared  vacant  and  the  common  council  shall  proceed 
to  choose  a  successor  to  any  member  who  shall  be  reported 
to  the  common  council  as  having  been  absent  for  four 
successive  meetings  of  the  school  board  without  a  satis- 
factory excuse. 

Section  2.     The  members  of  the  school    board  shall 
take  the  ofi&cial  oath,  and  be  subject  to  ail   the   restric- 


185 


MILWAUKEE   CITY   CHARTER. 


CHAP. 

12 

tions,  disabilities,  liabilities,  punishments  and  limitations  Official  oath,  liabil- 


prescribed  by  the  law  as  to  the  aldermen  in  said  city  of 
Milwaukee,  and  they  shall  be  exempt  from  jury  duty. 
The  council  may  remove  any  member  of  the  board  for 
causes  for  which  aldermen  are  removable.  The  school 
board  shall  not  in  any  one  year  contract  any  debt  or  incur 
any  expense  greater  than  the  amount  of  the  school  funds 
subject  to  their  order,  without  any  previous  ordinance  or 
resolution  of  the  common  council.  A  majority  of  the 
members  of  the  board  who  have  duly  qualified  shall 
constitute  a  quorum  for  the  transaction  of  business,  but  a 
smaller  number  may  adjourn. 

Section  3.  The  school  board  of  the  city  of  Milwau- 
kee is  hereby  authorized  and  required,  subject  to  the 
approval  of  the  common  council,  to  establish  and  organize 
so  many  public  or  common  schools  in  addition  to  those 
already  established  in  said  city,  as  may  be  necessary  for 
the  accomodation  of  the  children  of  the  city  entitled  by 
the  constitution  and  laws  of  this  state  to  instruction 
therein;  and  the  common  council  shall  erect,  purchase, 
hire  or  lease  buildings  and  furniture,  and  lots  for  the 
accommodation  of  such  schools,  and  the  high  schools  of 
said  city,  and  shall  improve  and  enlarge  such  school 
buildings.  The  school  board  shall  also  have  power  to 
establish  and  define,  from  time  to  time,  the  boundaries  of 
all  common  school  districts,  in  the  city  in  such  manner 
as  they  may  deem  best  calculated  to  promote  the  interests 
of  the  schools.  The  school  board  shall  also  have  power 
to  employ  all  janitors  necessary  in  the  school  houses,  and 
to  fix  their  compensation. 


ities,  disabilities 
and  duties  of 
school  board. 


Power  and  author- 
ity of  school 
board. 


Section  4.  The  school  houses  now  erected,  and  the 
lots  on  which  they  are  situated,  and  the  lots  now  or  here- 
after purchased  for  school  purposes,  and  the  school  houses 
thereon  erected,  shall  be  the  property  of  the  city;  and  no 
lot  shall  be  purchased  or  leased,  nor  shall  any  school 
house  be  erected,  without  an  ordinance  or  resolution  duly 
passed  by  the  common  council.  Deeds  of  conveyance 
and  leases  shall  be  made  to  the  city  of  Milwaukee. 


School  houses  and 
grounds  city 
property. 


Section  5.  The  school  board  shall  have  power  to 
adopt  for  use  in  the  several  public  schools  in  the  city 
suitable  text  books  which  shall  be  uniform,  and  when  the 
school  board  shall  have  adopted  for  use  in   the  public 


Text-books  and 
system  of  instruc- 
tion. 


CHAP. 

12 


MILWAUKEE   CITY   CHARTER. 


186 


Discipline  and 
management  of 
schools. 


schools  of  the  cit}^  any  text-book,  or  text-books,  the 
same  shall  not  be  changed  by  the  board  for  five  years 
next  thereafter;  and  the  school  board  shall  require  that 
the  system  of  instruction  in  the  several  public  schools  of 
the  city  shall  be  as  nearly  uniform  as  possible. 

And  shall  adopt,  at  their  discretion,  modify  or  repeal 
by-laws,  rules  and  regulations  for  their  own  government, 
and  for  the  organization,  discipline  and  management  of 
the  public  schools  of  said  city,  and  generally  adopt  such 
measures  as  shall  promote  the  good  order  and  public 
utility  of  the  said  schools;  provided,  that  such  by-laws, 
rules  and  regulations  shall  not  conflict  with  the  consti- 
tution and  laws  of  the  state. 


Superintendent  of 
schools. 


His  powers  and 
duties. 


Salary. 


Section  6.  The  school  board  shall  biennially  elect  by 
ballot  on  the  first  Tuesday  in  March,  a  person  of  suitable 
learning  and  experience  in  the  art  of  instruction  and 
practical  familiarity  with  the  most  approved  methods  of 
organizing  and  conducting  a  system  of  public  schools,  for 
superintendent  of  schools,  and  he  shall  hold  his  office  for 
two  3'ears,  or  until  his  successor  is  elected,  unless  sooner 
removed. 

The  superintendent  of  schools  shall,  under  direction  of 
the  school  board,  have  a  general  supervision  of  the  public 
schools  of  the  city  and  the  manner  of  conducting  and 
grading  them,  of  the  teachers,  and  in  connection  with  a 
committee  of  the  board,  of  the  purchase  of  school 
apparatus.  He  shall,  in  connection  with  a  committee  of 
the  board,  and  subject  to  confirmation  by  the  board, 
examine,  employ,  certificate  and  classify  and  transfer 
teachers.  He  shall,  also  in  connection  with  a  committee 
of  the  board  and  subject  to  confirmation  by  the  board, 
dismiss  them  for  incompetency  or  inattention  to  duty,  and 
he  shall  do  and  perform  all  such  other  duties  as  may  be 
required  by  the  board;  provided,  that  in  case  of  disagree- 
ment between  himself  and  a  committee,  the  school  board 
may  determine  the  matter  by  a  vote  of  a  majority  of  all 
its  qualified  members. 

He  shall  receive  a  salary  not  exceeding  four  thousand 
dollars  per  annum,  to  be  fixed  by  the  school  board.  The 
superintendent  of  schools  shall  appoint,  subject  to  confir- 
mation by  the  board,  an  assistant  superintendent,  who 
shall  hold  his  position,  during  the  term  for  which  the 
superintendent  is  elected,   unless  sooner   removed,    and 


187  MILWAUKEE   CITY   CHARTER.  CHAP. 

12 

whose  salary  shall  be  fixed  by  the  board,  not  to  exceed 
twenty- five  hundred  dollars  per  annum. 

Section  7.     Any  person  feeling  himself  aggrieved  by   Appeals. 
any  act  of  the  superintendent  may  within  ten  days  after 
the  time  of  such  act,  appeal  to  the  school  board,  who  shall 
dispose  of  such  appeal  as  may  be  deemed  right. 

Section  8.  The  board  shall  also  appoint  biennially  Secretary  of  the 
some  suitable  person  to  act  as  secretary  of  the  board,  who  school  board. 
shall  receive  a  salary  not  exceeding  two  thousand  dollars 
per  annum,  to  be  fixed  by  such  board.  It  shall  be  his 
duty  to  attend  the  meetings  of  the  board,  to  keep  a  record 
of  the  proceedings,  and  a  full  and  fair  account  of  all 
receipts  and  expenditures  of  the  board,  and  to  do  and 
perform  all  such  other  duties  as  vShall  be  required  of  him 
by  said  board.  The  secretary  of  the  school  board  shall, 
before  entering  upon  the  duties  of  his  office,  execute  a 
bond  to  the  city  of  Milwaukee,  in  such  form  and  penalty, 
and  with  such  conditions  as  the  board  shall  prescribe, 
with  sureties  to  be  approved  by  said  board,  which  bond 
shall  be  filed  with  and  kept  in  the  ofiice  of  the  city  clerk 
of  said  city;  and  the  school  board  may  require  security  to 
be  given  for  the  faithful  performance  of  his  duties  by  any 
officer  or  employe  of  said  board,  in  such  form  and  amount 
as  the  board  shall  deem  best,  and  may  at  any  time  require 
of  any  officer  or  employe  additional  bonds  and  sureties, 
in  its  discretion.  The  secretary  of  the  board  shall  also 
take  the  annual  enumeration  of  the  children  of  school  age 
in  the  city  of  Milwaukee,  required  by  law,  and  shall  at  the 
same  time  collect  such  further  statistics  and  information 
relating  to  schools  and  to  the  population  entitled  to 
school  privileges  in  said  city,  as  may  be  directed  and 
required  by  the  school  board,  and  he  shall  receive  for 
such  service  a  compensation  or  fee  of  two  cents  per  capita 
upon  the  entire  enumeration  of  persons  between  the  ages 
of  four  and  twenty,  residing  in  said  city,  to  be  audited 
by  the  school  board,  and  paid  out  of  the  funds  provided  for 
the  support  of  the  schools. 

Section  9.     The    superintendent   of  schools,   or   the   May  be  removed 
secretary  of  the  school  board,  may  be  removed  from  office,     ^y ^  two-thirds 
for  misdemeanor  in  office,  incompetency  or  inattention  to 
the  duties  of  his  office,  by  a  vote   of  two  thirds   of  the 
school  board;  provided,  that  notice  in  writing  of  charges 
against  him  and  of  the  time   and   place  of  hearing   and 


CHAP.  MILWAUKEE   CITY   CHARTER.  188 

12 

acting  upon  the  same,  shall  be  served  upon  the  accused 
at  least  five  days  before  the  time  of  hearing  and   before 
any  action  shall  be  taken  by  the  board  thereon. 
Accused  shall  be         And  the  accused  shall  be  heard  by  himself  or  counsel, 
heard.  and  either  party  shall  produce  witnesses    who   shall   be 

sworn  and  give  testimony  subject  to  the  pains  and  penal- 
ties of  perjury. 

Certified  list  of  Section  10.     It  shall  be  the  duty  of  the  secretary  of  the 

teachers  and  school  boord,  within  thirty  days  after  the  annual  appoint- 
wlth  comptroller,  ment  of  teachers  and  other  salaried  employes,  to  report  to 
and  file  with  the  city  comptroller  a  duly  certified  list  of 
the  teachers  and  employes  so  appointed,  with  the  salaries 
allowed  to  each,  and  a  statement  of  the  time  or  times  fixed 
for  the  payment  thereof.  He  shall  also,  as  often  as  any  action 
shall  be  taken  by  said  school  board,  changing  the  salaries 
.  of  either  of  the  ofl&cers  of  said  board,  or  any  of  such  teachers 
and  employes,  or  making  a  new  election  or  appointment  to 
an};  position  entitling  the  person  appointed  to  receive  a 
stated  salary,  within  thirty  days  after  such  action  is  had, 
in  like  manner  file  with  the  comptroller  a  certified  state- 
ment and  list  of  all  such  changes  and  appointments.  A 
list  of  all  accounts  which  may  be  allowed  by  said  school 
board,  stating  the  character  of  the  materials  of  service  for 
which  the  same  were  rendered,  shall  be  furnished  to  said 
comptroller  for  his  information,  immediately  after  the 
meeting  of  said  board  at  which  such  allowance  was  made. 
And  said  secretary  shall  also  make  and  file  with  the  said 
comptroller  quarterly  statements  of  the  condition  of  the 
fund  for  the  support  of  schools  and  of  the  financial  trans- 
actions of  the  school  board  during  the  three  months  next 
preceding  such  statement. 

High  school  site  SECTION  11.     The  school  board  are  hereby  authorized, 

and  buildings.  and  it  shall  be  their  duty  to  maintain  the  high  school 
now  established  in  said  city,  and  establish  and  maintain 
such  other  high  schools  as  may  from  time  to  time  be 
found  necessary,  and  whenever  more  than  one  high  school 
is  so  established,  said  board  may  divide  said  city  into  high 
school  districts,  and  said  schools  shall  be  open  to  students 
residing  within  the  said  district,  and  for  that  purpose  the 
common  council  of  the  city  of  Milwaukee  are  hereby 
authorized  to  purchase  suitable  sites  and  erect  or  purchase 
all  necessary  buildings  for  the  use  of  said  schools  and  to 
enter  into  all  contracts  necessary  for  the  accomplishment 
of  the  purpose  of  this  section. 


189  MILWAUKEE  CITY  CHARTER.  CHAP. 

12 

Section  12.  The  said  high  schools  shall  be  public  Teachers. 
schools  of  Milwaukee,  and  as  such  shall  be  under  the 
same  supervision  and  control,  except  as  herein  provided, 
as  other  public  schools  of  said  city,  The  said  board  shall 
have  power,  and  it  shall  be  their  duty  to  employ  a  prin- 
cipal and  such  other  teachers  as  may  be  necessary  for  each 
of  said  high  schools.  The  president  of  the  board  shall 
annually  appoint  a  committee  of  said  board  of  high  schools, 
which,  together  with  the  superintendent,  who  shall  be  a 
member  of  said  committee,  shall  employ  or  appoint  all 
teachers  in  said  high  schools,  subject  to  the  approval  of 
the  board. 

Section  13.     The  course  of  study  in  the  high  schools  Course  of  study. 
shall  be  liberal,  and  shall  embrace  such  studies  as  the  said 
school  board  may  deem  proper;  and  the  said  board  shall 
have  power  to  grant  diplomas  and  to  confer  degrees   in 
testimony  of  scholarship  and  literary  acquirements. 

Section  14.  The  said  school  board  shall  have  power  Management  of 
to  make  rules  and  regulations  for  the  government  of  high  schools, 
teachers  and  students  of  said  high  schools,  to  prescribe 
terms  of  admission,  to  determine  the  text  books  to  be 
used,  to  fix  the  number  of  classes  and  the  conditions  of 
graduation,  and  all  other  matters  relating  to  the  manage- 
ment of  said  high  schools;  provided,  that  no  rule,  order 
or  regulation  made  by  said  board  shall  be  valid,  if  incon- 
sistent with  the  laws  of  this  state. 

Section  15.  In  case  of  the  absence  or  inability  from 
any  cause,  of  the  oflScers,  appointed  by  said  school  board 
to  perform  the  duties  of  their  respective  offices,  said  board 
may  appoint  some  suitable  person  to  act  in  their  place 
and  stead  during  their  absence  or  inability,  and  such 
person  shall  have  and  possess  the  same  power  or  authority 
as  the  officer  whose  place  he  is  appointed  temporarily 
to  fill. 

Section  16.     The   school   board  shall  report  to  the  Support  of  the 
common  council  of  said  city  at  or  before  the  first  meeting     P"'*''^^  schools, 
of  the  council  in  January  in  each  year,  the  amount  of 
money  required  for  the  support  of  all  the  public  schools 
in  said  city,  including  the  high  schools  for  the  next  fiscal 
year. 

And  it  shall  be  the  duty  of  said  common  council  to  j^^  shall  be  levied. 
levy  and  collect  a  tax,  in  addition  to  the  tax  to  be  levied 


CHAP.  MILWAUKEE   CITY   CHARTER.  190 

12 

for  general  city  purposes  upon  all  the  taxable  property  ol 
the  said  city,  at  the  same  time  and  in  the  same  manner  as 
other  taxes  are  levied  and  collected  by  law,  which,  with 
the  other  funds  provided  for  the  same  purpose,  shall  be 
equal  to  the  amount  of  money  required  by  said  school 
board  for  the  support  of  said  schools;  provided,  that  the 
said  common  council  may,  by  the  votes  of  two- thirds  of  all 
the  members  elect,  levy  a  tax  for  a  greater  or  less  amount 
for  such  purpose. 
School  moneys  The  said  tax  and  the  entire  school  fund  of  the  city  shall 

for^an"°other"^^*'  "^^  ^^  ^^^^  ^^  appropriated  directly  or  indirectly  for  any 
purpose.  other  purpose  than  the  payment  of  the  salaries  of  the 

superintendent  of  schools,  the  secretary  of  the  board  and 
the  teachers,  and  such  other  employes  as  the  board  may 
deem  necessary,  and  the  necessary  and  current  expenses 
of  schools,  including  the  purchase  of  school  supplies, 
apparatus,  and  fuel,  and  the  ordinary  and  necessary 
repairs  of  school  furniture. 

School  moneys—  Section  17.  All  moneys  received  by  or  raised  in  the 
how  disbursed.  city  of  Milwaukee  for  school  purposes  shall  be  paid  over 
to  the  city  treasurer,  to  be  disbursed  by  him  on  the  orders 
of  the  president  and  secretary  of  the  school,  board  counter- 
signed by  the  city  comptroller;  provided,  that  the  presi- 
dent, instead  of  signing  each  order,  may  certify  upon  the 
pay-rolls  furnished  by  the  secretary  to  the  comptroller  to 
the  fact  that  the  amounts  therein  are  correct  as  allowed  by 
the  school  board. 

Orders  drawn  upon  city  treasurer  by  the  president  and  secretary 
of  the  school  board,  and  payable  out  of  school  fund,  for  amounts 
duly  allowed  by  the  board,  are  evidences  of  indebtedness,  for 
which  an  action  will  lie  against  the  city. 

Terry  vs.  Milwaukee,  15  Wis.,  543. 

School  board  to  SECTION  18.     The  school  board  shall  be  governed  in 

report  annually,  all  things  by  the  school  laws  of  the  state,  except  as  they 
are  altered  or  modified  by  this  act.  They  shall  report  to 
the  common  council  annually  the  general  proceedings 
and  acts  of  said  board,  the  number  and  condition  of  the 
public  schools  kept  in  said  city  during  the  year,  the  time 
they  have  severally  been  taught,  the  number  and  names 
of  teachers,  and  the  amount  of  salary  of  each;  the  number 
of  children  taught  in  said  schools,  respectively;  the 
result  of  the  annual  enumeration  required  by  law;  the 
extent  of  school  accommodations  in  the  several  schools; 


191 


MILWAUKEE   CITY   CHARTER. 


the  amount  of  school  moneys  raised  or  received  during 
the  year,  distinguishing  the  amount  received  from  the 
state  fund  from  the  amounts  derived  from  taxes  levied  by 
the  county  board  of  supervisors  and  by  the  common 
council  respectively,  and  the  accounts  allowed  by  them 
against  the  school  fund  in  detail,  together  with  such  other 
information  as  they  may  deem  useful,  or  as  the  common 
council  may  require.  A  copy  of  said  report  shall  be 
transmitted  to  the  state  superintendent  of  public  instruc- 
tion, and  a  like  copy  to  the  librarian  of  the  state  historical 
society  at  Madison. 

The  entire  chapter  relating  to  public  schools  is   Chapter  386, 
Laws  of  1891. 


CHAP. 

12 


CHAPTEK  73,  LA^WS  OF  1891. 

AN  ACT  to  amend  Section  10,  of  Chapter  12,  of  Chapter  184,  of  ^^^nds  chapter 
the  Laws  of  1874,  entitled  "An  act  to  revise,  consolidate  and      i84,  laws  of 
amend  the  charter  of  the  city  of  Milwaukee,  approved  February      1874. 
20,  1852,    and  the  several  acts  amendatory  thereof,"  and  the 
several  acts  amendatory  thereof. 

Section  1.  All  claims  and  demands  against  the  city  or  the 
school  board,  before  they  are  allowed  by  the  school  board,  shall 
be  audited  and  adjusted  by  the  comptroller  and  immediately  after 
the  allowance  by  the  school  board  of  any  claim  or  account,  it  shall 
be  the  duty  of  the  secretary  of  said  board  to  furnish  to  the  comp- 
troller a  complete  list  of  the  same,  stating  the  character  of  the 
material  or  service  for  which  the  same  were  rendered;  and  before 
a  warrant  shall  be  issued  therefor,  it  shall  be  the  duty  of  the 
comptroller  to  countersign  same.  And  the  said  secretary  shall 
also  make  and  file  with  the  said  comptroller,  quarterly  statements 
of  the  condition  of  the  fund  for  the  support  of  schools  and  of  the 
financial  transactions  of  the  school  board  during  the  three  months 
next  preceding  such  statement,  so  that  said  section,  when  amended, 
shall  read  as  follows:  Section  10.  It  shall  be  the  duty  of  the 
secretary  of  the  school  board,  within  ten  days  after  the  annual 
appointment  of  teachers  and  other  salaried  employes,  to  report  to 
and  file  with  the  city  comptroller,  a  duly  certified  list  of  the 
teachers  and  employes  so  appointed,  with  the  salary  allowed  to 
each,  and  a  statement  of  the  time  or  times  fixed  for  the  payment 
thereof.  He  shall  also,  as  often  as  any  action  shall  be  taken  by 
said  school  board  changing  the  salaries  of  either  of  the  officers  of 
said  board,  or  of  any  of  such  teachers  or  employes,  or  making  a 
new  election  or  appointment  to  any  position  entitling  the  person 
appointed  to  receive  a  stated  salary,  immediately  after  such  action 
is  had,  in  like  manner  file  with  the  comptroller  a  certified  state- 
ment and  list  of  all  changes  and  appointments.  All  claims  and 
demands  against  the  city  or  school  board  before  they  are  allowed 
by  the  school  board  shall  be  audited  and  adjusted  by  the  comp- 
troller and  immediately  after  the  allowance  by  the  school  board  of 


Secretary  of  school 
board  to  file  with 
comptroller  certi- 
fied list  of  teach- 
ers  with  salary; 
comptroller  to 
audit  all  claims 
before  allowance 
and  countersign 
warrants. 


CHAP. 

12 


MILWAUKEE   CITY    CHARTER. 


192 


any  claim  or  account  it  shall  be  the  duty  of  the  secretary  of  said 
board  to  furnish  to  the  comptroller  a  complete  list  of  the  same 
stating  the  character  of  the  materials  and  services  for  which  the 
same  were  rendered;  and  before  a  warrant  shall  be  issued  therefor 
it  shall  be  the  duty  of  the  comptroller  to  countersign  the  same. 
And  the  said  secretary  shall  also  make  and  file  with  the  said 
comptroller  quarterly  statements  of  the  condition  of  the  fund  for 
the  support  of  schools  and  of  the  financial  transactions  of  the 
school  board  during  the  three  months  next  preceding  such  state- 
ments. 


Amends  chapter 
184,  laws  of 
1874. 


School  board 
authorized  to 
organize  and 
establish 
additional  public 
schools;  janitor 
having  charge  of 
steam  boiler  to 
pass  examination. 


CHAPTEK  141,  LAWS  OF  1891. 

AN  ACT  to  amend  Section  3,  of  Chapter  12,  of  Chapter  184,  laws 
of  1874,  entitled  "An  act  to  revise  and  consolidate  the  charter 
of  the  city  of  Milwaukee  and  the  several  acts  amendatory 
thereof." 

Section  1.  Section  3.  The  school  board  of  the  city  of 
Milwaukee  is  hereby  authorized  and  required,  subject  to  the 
approval  of  the  common  council,  to  establish  and  organize  so  many 
public  or  common  schools  in  addition  to  those  already  established  in 
said  city  as  may  be  necessary  for  the  accommodation  of  the  children 
of  the  city,  entitled  by  the  constitution  and  laws  of  the  state  to 
instruction  therein,  and  the  common  council  shall  erect,  purchase, 
hire  or  lease  buildings  and  furniture  and  lots  for  the  accommoda- 
tion of  such  schools  and  of  the  high  school  of  said  city;  and 
shall  improve  and  enlarge  such  school  buildings.  The  school 
board  shall  have  power  to  establish  and  define,  from  time  to 
time,  the  boundaries  of  all  common  school  districts  in  the  city  in 
such  a  manner  as  they  may  deem  best  calculated  to  promote  the 
interest  of  the  schools.  No  janitor  having  charge  of  any  steam 
boiler  in  any  school  building  shall  hereafter  be  employed  or  retained 
in  the  employ  of  the  school  board  of  the  city  of  Milwaukee, 
unless  he  has  a  certificate  signed  by  the  board  of  public  works  of 
said  city,  signifying  that  he  has  passed  a  suflScient  examination 
therefor. 


Duties  of  commis- 
sioner of  health. 


CHAPTER  XIII. 

BOARD   OF   HEALTH. 

Section  1.  It  shall  be  the  duty  of  the  commissioner 
of  health  to  examine  into  and  consider  all  measures 
necessary  to  the  preservation  of  the  public  health  in  the 
city  of  Milwaukee,  and  to  see  that  all  ordinances  and 
regulations  in  relation  thereto  be  observed  and   enforced. 

As  amended  by  Chapter  470,  Laws  of  1885. 


Powers  of  commis-       SECTION  2.     The  commissioner  of  health  shall  have 

sioner  of  health,     power    to    appoint,     subject    to    confirmation   by     said 

common    council,    such    assistants,   clerks,    agents   and 


193 


MII.WAUKEE   CITY   CHARTER. 


workmen  as  may  be  necessary  for  the  proper  discharge  of 
his  duties,  and  they  shall  receive  such  salary  or  compen- 
sation for  their  services  as  the  said  common  council  may 
fix.  The  said  commissioner  of  health  shall  also  have 
power  to  appoint  from  time  to  time,  as  they  may  be 
needed,  temporary  special  assistants  for  the  purpose  of 
maintaining  quarantine,  under  his  direction  over  houses 
and  premises  in  the  city  in  which  are  persons  aiFected 
with  the  small-pox  or  any  other  pestilential,  contagious 
or  infectious  disease,  subject  to  quarantine  under  the 
ordinances  of  the  city.  He  shall  also  have  power  to  cause 
all  children  attending  private  schools  in  the  city,  who  shall 
not  have  been  previously  vaccinated,  for  the  prevention 
of  small-pox,  to  be  so  vaccinated,  and  to  cause  such 
children,  upon  refusal  to  be  vaccinated,  to  be  excluded 
from  such  private  schools. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Section  3.  The  said  commissioner  of  health,  or  any 
person  under  him,  have  authority  to  enter  into  and 
examine  at  any  time,  all  buildings,  lots  and  places  of  all 
descriptions  within  the  city,  for  the  purpose  of  ascertaining 
the  condition  thereof  so  far  as  the  public  health  may 
be  affected  thereby. 

As  amended  by  Chapter  470,  Laws  of  1885. 


CHAP. 

13 


Further  power  of 
commissioner. 


Section  4.  The  commissioner  of  health  shall  give 
such  directions  and  adopt  all  such  measures  for  cleansing 
and  purifying  all  such  buildings,  lots  and  other  places, 
and  for  causing  the  removal  therefrom  of  any  wells, 
cisterns,  privy-vaults,  urinals,  sinks,  slop-hoppers,  defec- 
tive plumbing  or  any  sewer  connection  and  of  nauseous 
substances  producing  a  disagreeable  smell  or  tending  to 
cause  sickness  or  disease,  as  in  his  opinion  may  be  deemed 
necessary;  and  he  may  do  or  cause  to  be  done  whatever 
in  his  judgment  shall  be  needful  to  carry  out  such 
measures  for  the  preservation  of  the  public  health.  Any 
person  who  shall  disobey  any  order  of  the  commissioner 
of  health,  which  shall  have  been  personally  served  upon 
him  requiring  him  to  abate  or  remove  any  nuisance  or  to 
cleanse  or  purify  any  premises  owned  or  occupied  by  him 
in  the  manner  or  at  the  time  described  in  the  order  shall 
on  complaint  of  the  commissioner  of  health  or  any  persons 
serving  such  order  before  the   municipal  court  of  said 


Commissioner  of 
liealth  to  cause 
unwiiolesome 
places  to  be 
cleaned. 


CHAP. 

13 


MILWAUKEE   CITY   CHARTER. 


194 


city,  be  liable  to  arrest  and  summar}^  trial  and  punish- 
ment by  fine,  not  exceeding  five  hundred  dollars  ($500) 
or  by  imprisonment  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment  in  the  discretion  of 
the  court. 

As  amended  by  Chapter  470,  Laws  ot  1885,  and  Chapter  183, 
Laws  of  1891. 


to  be  lien  on 
premises. 


Abatement  of  SECTION  5.     It  shall  be  lawful  for  the  commissioner  of 

nuisances.  health  in  all  cases  where  he  may  deem  it  necessary  for 

the  more  speedy  execution  of  his  orders,  to  cause  any 
such  nuisance  or  nuisances,  to  be  abated  or  removed  at 
the  expense  of  the  city,  and  also  to  cause  any  such 
nuisance  or  nuisances  which  may  exist  upon  the  property 
of  non-resident  owners,  or  upon  property,  the  owners  of 
which  cannot  be  found,  or  unknown  and  cannot  be  ascer- 
tained, to  be  abated  or  removed  in  like  manner,  at  the 

Cost  of  abatement  expense  of  the  city,  and  the  sum  or  sums  so  expended  in 
the  abatement  or  removal  of  such  nuisance  or ,  nuisances 
in  such  cases  shall  be  a  lien,  in  the  same  manner  as  any 
tax  upon  real  estate,  upon  the  lots  or  premises  from  or 
upon  which  such  nuisances  shall  be  abated  or  removed; 
the  commissioner  of  health  shall  certify  to  the  comptroller 
the  description  of  such  property,  and  the  cost  of  abating 
and  removing  such  nuisance  or  nuisances  thereon,  and 
the  comptroller  shall  include  the  same  in  the  annual 
schedule  of  lots  subject  to  special  taxation;  and  payment 
thereof  may  be  enforced  in  like  manner  as  other  special 
taxes  upon  real  estate  are  levied  and  collected  in  said 
city;  provided,  that  the  common  council  shall,  from  time 
to  time,  on  application  of  said  commissioner  of  health, 
appropriate  and  set  apart  out  of  the  general  fund  of  said 
city  such  sums  as  the  council  in  its  discretion  shall  deem 
necessary  for  the  purposes  of  this  chapter;  and  the 
expenses  which  the  said  commissioner  is  authorized  by 
the  section  to  incur,  shall  be  paid  exclusively  out  of  the 
funds  so  provided  by  said  city;  and  said  commissioner 
shall  not  be  authorized  to  create  any  liability  on  the  part 
of  said  city  in  excess  of  the  sums  which  shall  have  been 
so  appropriated  and  set  apart  as  aforesaid  for  his  use. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Destruction  of  SECTION  6.     It  shall  be  the  duty  of  the  commissioner 

infected  clothing,   of  health,  by  resolution,  to  direct  any  bedding,  clothing 

putrid  or  unsound  meat,  pork,  fish,  hides,  or  skins  of  any 


195  MILWAUKEE   CITY   CHARTER.  CH*P- 

13 

kind,  or  any  other  article  found  within  said  city  which  in 
his  opinion,  will  be  dangerous  to  the  health  of  the 
inhabitants  thereof,  to  be  destroyed  or  buried,  and  he  may 
employ  such  persons  as  he  may  deem  proper  to  remove 
or  destroy  such  article,  and  every  person  who  shall  in  any 
manner  resist  or  hinder  any  peiison  so  employed,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  shall  be  punished  by  a  fine  not  exceeding  two 
hundred  and  fifty  dollars,  or  imprisonment  not  exceeding 
six  months  or  both .  It  shall  also  be  his  duty  to  procure 
suitable  places  for  the  reception  of  persons  sick  of  any 
pestilential  or  infectious  disease,  and  in  all  cases  where 
sick  persons  cannot  otherwise  be  provided  for,  to  procure 
for  them  proper  medical  attendance  and  provisions  and 
to  forbid  and  prevent  all  communication  with  any  house, 
or  family  infected  with  any  contagious  or  pestilential 
disease,  except  by  means  of  physicians  or  nurses. 

As  amended  by  Chapter  470,  Laws  of  1885. 

The  powers  conferred  by  this  section  are  judicial  in  their  nature* 
and  the  officer  exercising  them  is  not  responsible  in  an  action  for 
damages  to  any  one  for  any  judgment  he  may  render  within  his 
jurisdiction,  however  erroneously,  negHgently,  ignorantly, 
corruptly  or  maliciously  he  may  act. 

Fath  vs.  Koeppel,  72  Wis.,  289. 

Section  7.  It  shall  be  the  duty  of  the  commissioner  commissioner  to 
of  health,  on  complaint  being  made  to  him,  or  whenever  give  notice  to 
he  shall  deem  any  business,  trade  or  profession  carried  J^[J|®^  *°  ^^^^ 
on  by  any  person  or  persons,  or  corporation  in  the  city 
of  Milwaukee,  detrimental  to  the  public  health,  to  notify 
such  persons  or  corporations,  to  show  cause  before 
the  commissioner  of  health,  at  a  time  and  place  speci- 
fied in  such  notice,  why  such  business,  trade  or  profession, 
should  not  be  discontinued  or  removed,  which  notice 
shall  not  be  less  than  three  days  (except  that  in  cases 
of  epidemic  or  pestilence  the  commissioner  of  health 
may  by  general  order  direct  a  shorter  time  not  less  than 
twenty-four  hours)  and  may  be  served  on  the  parties  to 
be  affected  thereby  by  the  commissioner  of  health  or 
any  of  the  employes  in  his  department  or  by  any 
police  ofiicer  in  said  city  in  the  same  manner  as 
provided  by  law  for  the  service  of  a  summons  in  civil 
actions.  Cause  may  be  shown  by  affidavit,  and  if  in 
the  opinion  of  the  commissioner  of  health,  no  good  and 
sufiicient  cause  be  shown  why  such   business,   trade  or 


cause. 


CHAP.  MILWAUKEE  CITY  CHARTER.  196 

13 

profession  should  not  be  discontinued  or  removed,  the 
commissioner  shall  order  said  parties  to  discontinue  or 
remove  the  same  within  such  time  as  the  commissioner 
may  deem  reasonable  and  necessary,  and  the  order  of  the 
commissioner  shall  be  final  and  conclusive. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Penalty  for  refusing  SECTION  8.  Any  person  or  persons  failing  or  refusing 
to  obey  lawful  iq  obey  such  lawful  order  of  the  commissioner  of  health, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not  more 
than  two  hundred  and  fifty  dollars,  or  by  imprisonment 
not  more  than  one  year  or  by  both  such  fine  and  imprison- 
ment and  such  person  or  persons  shall  be  subject  to  like 
punishment  for  each  and  every  day  that  he,  she,  or  they 
shall  continue  such  business,  trade  or  profession,  after  the 
expiration  of  the  time  specified  in  the  order  of  the  commis- 
sioner of  health  for  the  discontinuance  or  removal  of 
the  same. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Ex  parte  affidavit  SECTION  9.  In  all  trials  for  the  violation  of  the 
deemed  good.  provisions  of  this  chapter,  the  ex-parte  aflSdavit  of  service 
of  any  order,  notice  or  requirement  of  the  said  commis- 
sioner of  health,  purporting  to  be  made  by  the  person 
who  made  such  service,  and  stating  the  time,  place  and 
manner  of  the  service,  shall  be  deemed  and  taken  2i^  prima 
facie  evidence  of  the  due  service  of  such  order,  notice  or 
requirement  in  all  trials  in  any  court. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Disposition  of  SECTION  10.     All  fines  mentioned  in  this  chapter  shall 

'•nes.  be  collected  as  other  fines,  and  when  so  collected  shall  be 

paid  into  the  city  treasury. 

As  amended  by  Chapter  470,  Laws  of  1885. 

TemDorarv  SECTION  11.     The  commissioner  during  the  prevalence 

hospitals.  of  the  Asiatic  cholera,  or  of  any  epidemic  disease,  shall 

have  power  when  by  him  it  is  deemed  necessary,  to  take 
possession  of,  and  occupy  as  temporary  hospitals,  any 
building  or  buildings  in  the  said  city;  but  the  city  of 
Milwaukee  shall  pay  for  the  use  of  such  property,  so  taken, 
a  just  compensation. 

As  amended  by  Chapter  470,  Laws  of  1885. 


197  MILWAUKEE   CITY   CHARTER.  CHAP. 

13 

Section  12.     It  shall  be  the  duty  of  each   and  every   Duties  of  practic- 
practicing  physician  in  the  city  of  Milwaukee:  ing  physicians. 

1.  Whenever  required  by  the  commissioner  of  health 
of  said  city  to  report  to  said  commissioner,  at  such  times 
and  in  such  forms  as  they  may  prescribe,  the  number  of 
persons  attacked  with  any  pestilential,  contagious  or  infec- 
tious disease  attended  by  such  physicians  for  the  twenty- 
four  hours  next  preceding,  and  the  number  of  persons 
attended  by  such  physician  who  shall  have  died 
within  the  twenty- four  hours  next  preceding  such 
report,  of  any  such  pestilential,  contagious  or  infectious 
disease. 

2.  To  report  in  writing  to  said  commissioner  of  health 
every  patient  he  shall  have  laboring  under  any  pestilen- 
tial, contagious  or  infectious  disease,  within  twenty-four 
hours  after  he  shall  ascertain  or  suspect  the  nature  of 
such  disease. 

3.  To  report  in  writing  to  the  commissioner  of  health 
when  by  them  [him]  required,  the  death  of  any  person  who 
shall  have  died  of  any  disease,  within  twenty  four  hours 
thereafter,  and  to  state  in  such  report  the  specific  nature 
and  type  of  such  disease. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Section  13.     Any    practicing   physician,    who    shall   penalty  for  neglect 
neglect  or  refuse  to  perform  the  duties  required  of  him  by     of  duty  of  practlc- 
or  in  any  section  of  this  chapter  shall  be  considered  guilty     '"^  physicians, 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  more  than  two  hundred  and 
fifty  dollars  for  each  offense.     Any  person  prescribing  for 
another  person,  shall,  for  the  purpose  of  this  chapter,  be 
deemed  a  practicing  physician,  and  shall  not  be  allowed 
to  plead  ignorance  for  failure  to  perform  any  duty  herein 
required  of  a  practicing  physician. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Section  14.     Any  person  who  shall  deposit  or  know-   Penalty  for  deposit- 

ingly  cause  to  be  deposited  in  any  open  stream  or  river     ing  refuse  except- 

in  the  city  of  Milwaukee,  after  June  1,   1880,  any  offal,     «ng  .as  provided  by 

ri-  ordinance. 

garbage  or  tilth    or   any    refuse,    obnoxious,    odious,    or 

unhealthful  matter  of  any  kind  or  nature  whatever,  from 

any  factory,   brewery,   distillery,   stock-yards,  slaughter 

house,  tannery,  gas  factory,  glue  factory  or  other  building 

or  establishment  of  whatever  kind  located  in  said  city,  or 


CHAP.  MILWAUKEE  CITY  CHARTER.  198 

13 

the  contents  of  any  privy,  privy  vault  or  water  closet 
located  within  any  residence  or  dwelling  house,  and 
connected  with  or  emptying  into  any  of  the  sewers  of  said 
city,  unless  means  are  provided  and  employed  for  the 
abundant  flushing  of  the  same  with  clear  water  every  time 
it  may  be  used,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  for  every  such  offense  shall  be  punished  by  imprison- 
ment in  the  county  jail  not  more  then  three  months,  or  by 
a  fine  not  exceeding  one  hundred  dollars  or  by  both  fine 
and  imprisonment,  as  the  court  may  determine.  It  shall 
be  the  dutj^  of  the  commissioner  of  health  to  rigidly 
enforce  this  provision  of  law. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Compensation  of  Section  15.     The  common  council  of  said  city  shall, 

health  officers.  -^^  making  their  annual  estimates  and  levy  for  the  expenses 
of  the  city  government,  estimate  and  provide  such  sums 
as  may  be  necessary  for  the  compensation  of  such  ofiicers 
and  all  other  employes  which  the  said  commissioner  of 
health  is  authorized  to  appoint  by  this  chapter,  and  for 
all  other  expenses  incurred  by  said  commissioner  in  the 
performance  of  the  duties  prescribed  in  this  chapter,  and 
such  expenses  shall  be  audited  and  allowed  and  paid  as 
other  expenses  of  said  city. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Duties  of  commis-  Section  16.  The  common  council  of  the  city  of  Mil- 
sioner  of  heaith.  waukee  shall  have  power  to  further  define  the  duties  of 
the  commissioner  of  health;  and  to  pass  such  ordinances 
in  aid  of  the  powers  of  the  commissioner  of  health  as 
may  tend  to  promote  and  secure  the  general  health  of 
the  inhabitants  of  said  city. 

As  amended  by  Chapter  470,  Laws  of  1885. 

Special  duties  of  Section  17.  It  shall  be  the  special  duty  .pf  the 
police  officers.  members  of  the  police  force  of  said  city,  and  of  all 
magistrates  and  civil  officers  and  all  citizens  of  the  state, 
to  aid  to  the  utmost  of  their  power,  the  commissioner  of 
health  and  the  officers  mentioned  in  this  chapter,  in  the 
performance  of  their  respective  duties,  and  on  requisition 
of  the  commissioner  of  health,  it  shall  be  the  duty  of  the 
chief  of  police  to  detail  one  or  more  of  the  policemen  of 
said  city  to  serve  the  notices  of  said  commissioner  and 


199  MILWAUKEE   CITY   CHARTER.  C"*P- 

13 

to  perform  such  other  duties  as  such  commissioner  may 
require. 

As  amended  by  Chapter  470,  Laws  of  1885. 

CHAPTER    361,    LAWS    OF    1887. 

Section  1.     No  person  or  persons  or  corporation,  shall  sell  or   Relating  to  sale  of 
ofifer  for  sale  or  suffer  or  permit  to  be  sold  to  any  family,  hotel,      ice  in  city  of  Mil- 
restaurant,  saloon  or  individual,  for  drinking  or  eating  purposes,      waukee. 
any  ice  cut  from  any  river,  canal,  bayou,  basin  or  slip  within  the 
limits  of  the  county  of  Milwaukee,  except  north  of  North  street 
in  Milwaukee  river  in  said  county. 

Section  2.     No  person  shall  knowingly  use  or  cause  to  be  used,    ygg  qj  prohibited, 
or  give  or  offer  to  others  for  use,  for  drinking  or  eating  purposes, 
any  ice  cut  in  or  taken  from  any  river,  canal,  bayou,  basin  or  slip 
within  the  limits  of  the  county  of  Milwaukee,   except  north  of 
North  street  in  the  Milwaukee  river,  in  said  county. 

Section  3.  This  act  shall  not  be  construed  to  prohibit  the  j^^^  i^^  ^^  |jg  g^j^. 
cutting  of  ice  upon  any  waters  within  the  county  of  Milwaukee  strued. 
and  the  selling  thereof  for  cooling  purposes,  but  any  person 
dealing  in  such  ice  shall  keep  the  same  stored  in  a  separate 
building,  wholly  removed,  distinct  and  separate  from,  and  without 
any  connection  or  communication  whatever  with  any  place, 
building  or  enclosure  wherein  shall  be  kept  or  stored  ice  cut  from 
waters  outside  of  the  county  of  Milwaukee. 

Section  4.  Any  person  violating  the  provisions  of  the  first  or  penalty. 
third  sections  of  this  act  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  and  by  imprisonment  in  the  house  of  correction 
of  said  county  of  not  less  than  ten  nor  more  than  thirty  days. 
Any  person  who  shall  violate  the  second  section  of  this  act  shall 
be  punished  by  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  fifty  dollars. 

Section  5.  It  is  hereby  made  the  duty  of  the  president  of  the  «  tv  f  h  rrf  f 
state  board  of  health,  and  of  the  health  officers  of  each  town,  h^|th. 
village  or  city  in  Milwaukee  county,  who  shall  have  knowledge  or 
to  whom  any  notice  of  any  violation  of  this  act  shall  be  given,  to 
forthwith  investigate  the  known  or  alleged  violation  thereof,  and 
if  reasonable  cause  exists  therefor  to  make  complaint  against  the 
person  or  persons  so  offending  and  to  forthwith  notify  the  district 
attorney  thereof  and  to  assist  such  prosecuting  officer  in  procuring 
the  requisite  proofs  to  secure  the  conviction  of  such  offenders. 


CHAPTER    36,  OF   THE  LAWS  OF  1878.  AS  AMENDED 

BY  CHAPTER    217,  AND    SECTION    41,    CHAPTER 

324,  OF  THE  LAWS  OF  1882. 

Section  1.     It  shall  be  the  duty  of  the  mayor  of  the  city  of  miaygp  [q   appoint 
Milwaukee  to  appoint  on  the  third  Tuesday  of  April,  1882,  and     commissioner  of 
every  four  years  thereafter,  subject  to  the  confirmation  by  the     health. 


CHAP. 

13 


MILWAUKEE   CITY   CHARTER. 


200 


Duty  of  commis- 
sioner. 


Vacancy, how  filled. 


Power  of  com  mis- 
sioner  to  appoint 
subordinates. 


Powers  of  commis- 
sioner. 


Acts  repealed. 


common  council  of  said  city,  a  commissioner  of  health  whose 
duty  it  shall  be  to  examine  into  and  consider  all  measures  neces- 
sary to  the  preservation  of  the  public  health  in  said  city  and  to  see 
that  all  ordinances  and  regulations  in  relation  thereto  be  observed 
and  enforced. 

SkcTion  2.  Such  commissioner  shall  before  he  enters  upon  the 
duties  of  his  office,  take  and  subscribe  the  usual  oath  of  office; 
and  shall  receive  for  his  services  such  salary  as  the  common  council 
of  said  city  by  ordinance  fix  and  determine. 

Section  3.  Any  vacancy  in  the  office  of  commissioner  of 
health  shall  be  filled  by  appointment  of  the  mayor  with  the 
approval  of  said  common  council;  such  appointment  to  be  for  the 
unexpired  term. 

Section  4.  The  commissioner  of  health  shall  have  power  to 
appoint,  subject  to  confirmation  by  said  common  council,  such 
assistants,  clerks,  agents,  and  workmen  as  may  be  necessary  for 
the  proper  discharge  of  his  duties,  and  they  shall  receive  such 
salary  or  compensation  for  their  services  as  said  common  council 
may  fix.  The  said  commissioner  of  health  shall  also  have  power  to 
appoint  from  time  to  time,  as  they  may  be  needed,  temporary 
special  assistants  for  the  purpose  of  maintaining  quarantine  under 
his  direction,  over  houses  and  premises  in  the  city  in  which  are  per- 
sons affected  with  the  small  pox  or  any  other  pestilential,  contagious 
or  infectious  disease,  subject  to  the  quarantine  under  the  ordinances 
of  the  city.  He  shall  also  have  power  to  cause  all  children 
attending  private  schools  in  the  city,  who  shall  not  have  been 
previously  vaccinated  for  the  prevention  of  small  pox,  to  be  so 
vaccinated,  and  to  cause  such  children,  upon  refusal  to  be  vaccin- 
ated, to  be  excluded  from  such  private  schools. 

Section  5.  All  powers  vested  in  the  board  of  health  and  the 
health  officer  of  said  city,  are  hereby  conferred  upon  the  commis- 
sioner of  health,  and  all  the  duties  of  said  board  and  of  said 
health  officer  shall,  from  and  after  the  taking  effect  of  this  act, 
devolve  upon  and  be  vested  in  the  said  commissioner  of  health. 

Section  6.  Sections  one,  two  and  three  of  sub-chapter  thirteen, 
of  chapter  one  hundred  and  eighty-four,  of  the  laws  of  1874, 
entitled  "an  act  to  revise,  consolidate  and  amend  the  charter  of 
the  city  of  Milwaukee,  approved  February  20,  1852.  and  the  several 
acts  amendatory  thereof;"  also  chapter  three  hundred  and  sixty- 
nine  of  the  laws  of  1876,  amendatory  of  said  chapter  one  hundred 
and  eighty-four,  and  all  other  acts  and  parts  of  acts  contravening 
the  provisions  of  this  act,  are  hereby  repealed. 


CHAPTEB  232.  LAWS  OP  1893. 

AN  ACT  to  amend  Chapter  41,  Revised  Statutes  of  Wisconsin  for 
1878,  entitled  "General  provisions  relating  to  municipalities, 
and  the  several  acts  amendatory  thereof,  and  pertaining  to  public 
health  in  cities  of  one  hundred  and  fifty  thousand  inhabitants 
or  more." 

Registrar  of   vital        Section  1.     The    commissioner  of  health   in    cities    of   one 
statistics.  hundred  thousand  or  more,  is  hereby  authorized  and  instructed  to 


201 


MILWAUKEE   CITY   CHARTER. 


CHAP. 
13 


appoint  a  registrar  of  vital  statistics  for  any  such  city  for  a  like 
term  as  that  of  such  commissioner  of  health,  whose  salary  shall  be 
fixed  by  the  common  council  of  such  city,  and  paid  as  other  city 
officials  are  paid. 

Section  2.  The  registrar's  office  shall  be  located  with  the 
office  of  the  health  department,  and  shall  be  subject  to  such  rules 
as  the  commissioner  of  health  shall  prescribe,  and  all  deaths 
reported  to  the  health  office  shall  be  arranged  by  dates,  and  indexed 
in  alphabetical  order  and  recorded,  after  being  numbered, 
commencing  with  number  one  at  the  beginning  of  each  month, 
and  all  births  reported  to  the  registrar,  as  hereinafter  provided  for, 
shall  also  be  kept  in  like  manner  as  is  required  in  the  recording 
of  deaths,  including  indexing  the  same. 

Section  3.  For  the  purpose  of  simplifying  the  work  of  physi. 
cians  and  other  professional  persons  in  recording  births  and  deaths, 
and  at  the  same  time  enabling  them  to  collect  the  fee  provided  in 
section  1,  of  Chapter  287,  entitled  "An  act  to  provide  for  the 
payment  of  fees  for  the  recording  of  births  and  deaths,"  approved 
March  30th,  1882,  it  is  hereby  enacted  that  it  shall  be  the  duty  of 
the  registrar  of  vital  statistics  to  transmit  every  week  all  reports  of 
births  received  for  record  from  physicians  and  other  professional 
persons  to  the  register  of  deeds  of  any  county  in  which  such  city 
may  be  located,  taking  his  receipt  therefor,  and  the  delivery  of 
such  reports  to  the  registrar  of  vital  statistics,  with  the  receipt  of 
the  register  of  deeds,  for  the  same,  shall  be  sufficient  evidence  of 
compliance  with  the  provisions  of  said  chapter  287,  laws  of  1882, 
and  of  section  1023  and  102,  of  the  Revised  Statutes  of  Wisconsin, 
and  chapter  264  laws  of  1885. 

Section  4.  Before  the  delivery  of  said  certificates  of  births, 
the  registrar  of  vital  statistics  is  hereby  required  to  make  correct 
entries  in  a  book  in  the  form  prescribed  in  a  succeeding  section, 
giving  each  certificate  a  number  commencing  with  number  one 
and  continuing  through  the  year,  said  number  to  correspond  with 
those  on  the  record  books. 

Section  5.  It  shall  be  the  duty  of  the  person  attending  the 
birth  of  any  child  in  any  such  city,  or  in  case  of  non-attendance  by 
a  physician  or  midwife,  the  father  of  the  child,  to  report  on  blanks 
to  be  furnished  free,  personally,  at  the  office  of  the  registrar 
of  vital  statistics,  and  to  be  filled  out  by  him  as  hereinafter 
provided,  corresponding  to  those  furnished  by  the  secretary 
of  state,  all  the  facts  concerning  said  birth,  and  particu- 
larly the  name  of  the  child,  color,  sex,  name  of  father  and  his 
occupation,  name  of  mother  previous  to  marriage,  date  and  place 
of  birth,  number  of  street,  place  of  nativity  of  father  and  mother, 
within  six  days  after  the  birth  of  a  child  which  was  born  alive. 
Any  person  failing  to  so  report  the  birth  of  any  child  in  any  such 
city,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  a  fine  not  exceeding  fifty  dollars  for  each  and 
every  offense,  or  by  confinement  in  the  county  jail  for  a  period 
not  exceeding  thirty  days,  or  by  both  such  fine  and  imprisonment, 
at  the  discretion  of  the  court;  provided  however,  that  this  section 


Office;  duties  and 
location  of. 


Reports  of  births, 
record  to  be 
given  register  of 
deeds  weeltly. 


Certificates  of 
birth,  record  to 
be  made. 


Birth  of  child  to  be 
reported. 


Failure  to  report,  a 
misdemeanor. 


CHAP. 

13 


Record  book  of 
births. 


MILWAUKEE   CITY   CHARTER. 


202 


shall  not  apply  to  the  record  of  still-births,  which  are  to  be  reported 
as  deaths  only. 

Section  6.  The  birth  shall  be  recorded  in  a  book  in  a  similar 
manner  to  the  death  record  kept  at  the  health  office,  and  a  dating 
stamp  shall  be  provided  with  the  words,  "Registrar  of  vital 
statistics  of  "  (naming  the  city),  and  the  registrar  shall  make  an 
impression  of  such  stamp  on  every  certificate  of  birth  upon  receipt 
of  the  same. 


City  may  pay  for 
personal  property 
destroyed  to  pre- 
vent spread  of 
contagious 
diseases. 


CHAPTEE  143,  LAAT^S  OF  1895. 

AN  ACT  to  authorize  cities,  towns  and  villages  to  pay  for  personal 
property  destroyed  to  prevent  the  spread  of  contagious  or  infec- 
tious diseases. 

Section  1.  Whenever  personal  property  is  destroyed  by  order 
of  the  public  authorities  of  any  city,  town  or  village,  in  order  to 
stamp  out  or  prevent  the  spread  of  contagious  or  infectious 
diseases,  the  proper  city,  town  or  village  authorities  may,  for  the 
purpose  of  paying  therefor,  appropriate  money  from  the  city,  town 
or  village  treasury,  to  an  amount  not  exceeding  one  hundred 
dollars  to  any  one  family;  provided,  however,  that  no  money  shall 
be  appropriated  without  the  certificate  of  the  local  board  of  health 
or  commissioner  of  health  as  to  the  necessary  destruction  of  such 
property  and  the  amount  and  value  thereof;  and  in  no  case  shall 
an  amount  greater  than  the  actual  value  of  the  destroyed  property 
as  determined  by  the  said  certificate  be  appropriated  or  paid  under 
the  provisions  of  this  act. 


Commissioner  of 
health  to  procure 
proper  places  for 
care  of    persons 
suffering  from 
contagious 
diseases. 


What  persons  not  to 
be  removed. 


CHAPTER    202,   LAWS    OF    1895. 

AN  ACT  relating  to  commissioners  of  health  in  all  cities  having 
a  population  exceeding  one  hundred  thousand. 

Section  1.  It  shall  be  the  duty  of  the  commissioner  of 
health  in  all  cities  having  a  population  exceeding  one  hundred 
thousand  inhabitants,  wherever  the  office  of  commissioner  of  health 
shall  be  provided  for  by  law,  or  by  the  ordinances  of  such  city,  to 
procure  suitable  places  for  the  reception  of  persons  sick  with  any 
pestilential,  contagious  or  infectious  disease,  and  in  all  places 
where  sick  persons  cannot  otherwise  be  provided  for,  to  procure 
for  them  proper  medical  attendance  and  provisions,  and  to  forbid 
and  prevent  all  communication  with  any  house  or  family  infected 
with  any  such  disease.  It  shall  be  the  duty  of  such  commissioner 
of  health  to  place  in  a  proper  isolation  hospital,  under  the  care  of 
competent  nurses,  any  person  who  may  be  found  in  such  city 
laboring  under  any  of  the  following  diseases,  to  wit:  Small  pox, 
diphtheria,  scarlet  fever,  measles,  typhus  fever,  or  any  other 
dangerous,  contagious  or  infectious  disease,  or  when  such  person 
is  a  non-resident  of  such  city,  a  traveler,  a  guest  at  a  hotel,  or  has 
no  residence  of  his  own  in  the  city,  where  he  can  be  taken  care 
of;  provided,  however,  that  no  such  person  or  persons  shall  be 
removed  to  any  isolation  hospital  in  such  city  who  can  be  nursed 
and  cared  for  during  such  illness  in  his  or  her  home,  except  upon 


203  MILWAUKEE   CITY   CHARTER.  CHAP. 

13 

the  recommendation  and  advice  ot  such  commissioner  of  health, 
or  one  of  his  assistant  commissioners  of  health,  and  the  physician 
attending  upon  such  child  or  person  not  being  a  member  of  the 
board  of  health  of  such  city;  and  in  case  such  commissioner 
or  g,ssistant  commissioner,  and  such  physician,  shall  be  unable 
to  agree  as  to  the  advisability  of  removing  such  child  or  person, 
then  they  shall  call  in  and  appoint  another  physician  not  a 
member  of  said  board  of  health,  or  health  department,  and  the 
decision  of  the  majority  of  such  commissioners  and  physicians 
shall  be  decisive  of  the  question.  The  third  physician  called  in  as 
above  provided  shall  not  receive  or  be  entitled  to  any  fees  from 
such  city  for  such  consultation  or  services,  in  the  decision  of  the 
case  subhiitted  to  the  board  of  such  physician;  and  provided 
further,  that  no  child  eight  years  of  age  or  under  shall  be  so  removed 
unless  permission  is  granted  its  mother,  or  some  person  akin  to  it, 
if  such  there  be,  to  attend  upon  such  child  in  such  isolation 
hospital. 

Section  2.     All  laws  conflicting  v^^ith  the  provisions  of  this  act 
are  hereby  repealed. 


CHAPTER  XIV. 

FIRE   DEPARTMENT. 

Section  1.     The  common  council,  for  the  purpose  of  pire  limits. 
guarding  against  the  calamities  of  fire,  shall  have  power, 
and  it  shall  be  their  duty,  to  prescribe  the  limits  within 
which  wooden  buildings,  or  buildings  of  other  materials 
that  shall  not  be  considered  fire  proof,  shall  not  be  erected, 
placed  or  repaired;  and  to  direct  that  all  and  any  buildings 
within   the   limits   prescribed,    shall  be   made  and  con- 
structed  of   fire-proof    materials;    and    to    prohibit    the 
repairing  or  rebuilding  of  wooden  buildings  within  the  Repairing  and 
fire  limits,  when  the  same  shall  have  been  damaged   to     rebuiiding. 
the  extent  of  fifty  per  cent,  of  the  value  thereof,  and  to 
prescribe  the  manner  of  ascertaining  such  damage. 

Section  2.     The  common  council  shall  have  power  preventive  powers 
to  prevent  the  dangerous  construction  and  condition  of    of  the  common 
chimneys,  fire  places,  hearths,  stoves,  stove  pipes,  ovens,     <^°""<^''- 
boilers  and  apparatus  used  in  and  about  any  building, 
and  to  cause  the  same  to  be  removed,  or  placed  in  a  safe 
and  secure  condition,  when  considered  dangerous;- — 

To  prevent  the  deposit  of  ashes  in  unsafe  places; —  y^gj^gg. 

To   require   the   inhabitants  to  provide  as  many  fire   pj^g  bucl(ets 
buckets,  and  in  such  manner  and  time,   as  they  shall 
prescribe;    and  to  regulate  the  use   of  them  in  time  of 
fire; — 


CHAP. 

14 

Manufactories. 
Fireworks. 


Scuttles  and 
ladders. 


Idle  and  suspected 
persons. 


MILWAUKEE   CITY   CHARTER. 


204 


Fire  engines  and 
fire  companies. 


Apparatus  and 
number  of  men  to 
each  company. 


Salaries. 


To  regulate  and  prevent  the  carrying  on  of  manufac- 
tories dangerous  in  causing  or  promoting  fires; — 

To  regulate  and  prevent  the  use  of  fire  works  or  fire 
arms; — 

To  compel  the  owners  and  occupants  of  buildings  to 
have  scuttles  in  the  roofs,  and  stairs  or  ladders  leading 
to  the  same; — 

To  authorize  the  mayor,  aldermen  and  other  officers  of 
the  city  to  keep  away  from  the  vicinity  of  any  fire  all  idle 
and  suspected  persons,  and  to  compel  all  bystanders  to 
aid  in  the  extinguishment  of  fires,  and  in  the  preservation 
of  property  exposed  to  danger  thereat;  and  generally  to 
establish  such  regulations  for  the  prevention  and  extin- 
guishment of  fires,  and  for  the  safety  and  protection  of 
persons  from  injury  thereby,  as  the  common  council  may 
deem  expedient. 

Section  3.  The  common  council  shall  have  power  to 
purchase  fire  engines  and  other  fire  apparatus,  and  to 
organize  a  fire  department,  composed  of  a  chief  engineer, 
one  or  more  assistant  engineers,  and  such  other  officers 
and  men  as  shall  be  required  and  employed  in  the 
management  and  conduct  of  such  fire-engines  and 
apparatus,  and  to  establish  rules  and  regulations  for  such 
department. 

Section  4.  The  city  of  Milwaukee  is  hereby  author- 
ized and  empowered  to  purchase  for  the  use  of  said  city, 
steam  fire  engines  and  all  necessary  hose  and  apparatus 
for  running  and  conducting  the  same  in  said  city,  and  to 
employ  engineers,  and  all  other  necessary  help,  to  run 
and  conduct  said  steam  fire-engines,  at  stated  salaries  or 
monthly  wages;  provided,  that  there  shall  be  employed 
not  to  exceed  ten  persons  to  care  for,  run  and  conduct 
each  steam  fire-engine,  and  the  hose  cart  therewith,  and 
that  the  number  of  persons  employed  as  hook  and  ladder 
men  shall  number  not  to  exceed  eight  persons  for  each 
company.  The  salary  of  the  foreman  of  each  fire 
company,  of  said  city,  shall  be  twelve  hundred  dollars 
per  annum ;  of  the  first  pipeman  nine  hundred  dollars  per 
annum;  of  each  stoker  eight  hundred  dollars  per  annum 
for  the  first  year  of  his  service  in  the  department,  nine 
hundred  dollars  per  annum  thereafter;  of  each  pipeman 
seven  hundred  dollars  per  annum,  for  the  first  year  of  his 
service  in  the  department,  eight  hundred  dollars  per 
annum  for  the   second    year,  and    nine   hundred   dollars 


205  MILWAUKEE   CITY   CHARTER.  CHAP. 

14 

per  annum  thereafter;  the  salary  ol  each  driver  in  the 
department,  after  the  end  of  the  second  year  of  service 
shall  hereafter  be  nine  hundred  dollars  per  annum.  All  Repealing  act. 
parts  of  the  charter  of  the  city  of  Milwaukee  conflicting 
with  any  of  the  provisions  of  this  act  are  hereby  repealed ; 
provided,  that  nothing  contained  in  this  act  shall  in  any 
manner  modify,  amend,  supersede,  or  repeal  any  of  the 
provisions  of  chapter  378,  of  the  laws  of  A.  D.  1885. 

As  amended  by  Chapter  405,  Laws  of  1885,  and  also  Section  3, 
Chapter  336,  Laws  of  1887. 

NoTK. — Some  of  the  salaries  above  fixed  were  changed  by 
ordinance  passed  January  9,  1893,  pursuant  to  authority  conferred 
by  Section  10,  Chapter  378,  Laws  of  1885. 

Section  5.     The  chief  engineer  of  the  fire  department  chief  engineer,  how 
shall  be  appointed  by  the  mayor,  subject  to  the  confirm-     appointed. 
ation  of  the  common  council,  and  shall  hold  his  office  for 
two   years   subject   to  removal   by  the  mayor   with   the 
approval  of  the  common  council.     All  other  members  of  other  members, 
the   fire   department    shall   be    appointed   by   the   chief    how  appointed. 
engineer,  subject  to  the  written  approval  of  the  mayor, 
and  shall  hold  office  during  the  pleasure  of  such  chief 
engineer.     The  common  council  may  provide  by  ordin- 
ance for  the  performance  of  police  or  other  duties  by  the 
members  of  such  department. 

Amended  by  Chapter  378,  Laws  of  1885  (Police  and  Fire  Com- 
missioners' Act),  which  see  in  foot  note  to  Chapter  XV  hereof. 

Section  6.  There  shall  be  paid  to  the  treasurer  of  jg^  on  fire  insur- 
the  city  of  Milwaukee,  on  or  before  the  first  day  of  Feb-  ance  agents. 
ruary  in  each  year,  by  every  person  who  shall  act  in  said 
city  as  agent  for  or  in  behalf  of  any  individual  or  associa- 
tion or  association  of  individuals,  whether  incorporated, 
by  the  laws  of  this  state  or  by  the  laws  of  any  other  state, 
territory  or  county,  to  effect  insurance  against  losses  or 
injury  by  fire,  the  sum  of  two  dollars  upon  each  hundred 
dollars — and  at  that  rate  upon  the  amount  of  all  prem- 
iums,— which  during  the  year  or  part  of  the  year  ending 
on  the  next  preceding  first  day  of  January,  shall  have 
been  received  by  such  agent  or  person  or  company, 
or  by  any  other  person  or  persons  for  him  or  it,  or  which 
shall  have  been  agreed  to  be  paid  for  any  insurance 
effected  or  agreed  to  be  effected  or  promised  by  him  as 
such  agent  or  otherwise,  or  by  such  company,  against  loss 


MILWAUKEE   CITY    CHARTER. 


206 


panies  to  go  to 
use  of  fire 
department 


CHAP. 

14 

Money  paid  by  fire  or  injury  by  fire  in  said  city.  All  moneys  hereafter  paid 
insurance  com-  to  the  treasurer  of  the  city  of  Milwaukee  by  fire  insurance 
companies,  or  their  agents,  under  section  six  of  chapter 
fourteen  of  said  chapter  one  hundred  and  eighty  four,  of 
the  laws  of  1874,  shall  be  appropriated  and  used  by  said 
city  of  Milwaukee  exclusively  for  the  use  and  benefit  of 
the  fire  department  of  said  city. 

As  amended  by  Section  8,  Chapter  311,  Laws  of  1876. 

The  percentage  required  to  be  paid  by  this  section  is  not  a  tax 
upon  the  agent  or  his  occupation,  nor  are  its  requirements  an 
exercise  of  the  power  of  taxation  as  to  the  companies,  but  of  the 
police  power  inherent  in  the  sovereignty  of  the  state. 

Fire  Department  vs.  Helfenstein,  16  Wis.,  142. 


Insurance. 


Section  7.  No  person  shall  in  said  city  of  Milwaukee, 
as  the  agent  or  otherwise  for  any  individual,  individuals, 
association,  or  corporation,  agree  to  efiect,  or  effect  any 
insurance  upon  which  the  duty  mentioned  in  the  next 
preceding  section  is  required  to  be  paid,  or  as  an  agent 
or  otherwise  procure  such  insurance  to  be  effected  unless 
he  shall  have  first  executed  to  said  city  of  Milwaukee  and 
delivered  to  the  comptroller  of  said  city  a  bond  to  be 
approved  by  such  comptroller  in  the  penal  sum  of  five 
thousand  dollars,  with  sureties  to  be  approved  by 
said  comptroller,  conditioned  that  he  will  render  to  said 
comptroller,  on  or  before  the  first  day  of  February  of  each 
succeeding  year,  a  just  and  true  account  verified  by  his 
oath  that  the  same  is  just  and  true,  ofall  premiums  which 
during  the  year  ending  on  the  first  day  of  January 
preceding  such  report,  shall  have  been  received  by  him,  or 
by  any  other  person  for  him,  or  agreed  to  be  paid,  for  any 
insurance  against  loss  or  injury  by  fire  in  said  city  which 
shallhave  been  effected,  or  promised  by  him,  or  agreed  or 
promised  by  him  to  be  effected,  from  any  individual,  indi- 
viduals, association  or  corporation,  and  that  he  will,  on 
such  first  day  of  February  in  each  year,  pay  to  the 
treasurer  of  said  city  for  the  use  of  said  city,  two  dollars 
upon  every  hundred  dollars,  and  at  that  rate  upon  the 
amount  of  such  premiums. 

As  amended  by  Section  42,  Chapter  324,  Laws  of  1882. 

The  legislature  may  permit  or  prohibit  foreign  insurance 
companies  from  doing  business  in  this  state;  and  if  it  permits,  it 
may  impose  such  conditions  and  restrictions  as  it  sees  fit. 

Fire  Department  vs.  Helfenstein,  16  Wis.,  142. 


207  MILWAUKEE  CITY  CHARTER.  CHAP. 

14 

Section  8.  Every  person  who  shall  in  said  city  effect,  Penalty  for  effect- 
agree  to  effect,  promise  or  procure  any  insurance  contrary  '"9  insurance, 
to  the  provisions  of  the  preceding  section  of  this  chapter, 
shall  forfeit  and  pay  to  the  city  of  Milwaukee,  for  each 
offense,  and  for  each  insurance  so  effected,  or  agreed,  or 
promised  to  be  effected,  the  sum  of  one  hundred  and  fifty 
dollars;  such  sums  may  be  recovered  by  said  city  in  a 
civil  action,  and  said  city  may  maintain  an  action  on 
such  bond,  or  against  such  agent,  to  recover  all  moneys 
required  by  section  six  of  this  chapter,  to  be  paid  into  the 
city  treasury. 

As  amended  by  Section  43,  Chapter  324,  Laws  of  1882. 

Section  9.     Whenever  any   person    shall    refuse    to   penalty  for  dis- 
obey any  lawful  order  of  the  mayor,  or  of  any  engineer,     obeying  lawful 
alderman  or  policeman,  at  any  fire,  it  shall  be  lawful  for     ^f^j?"*  °^  officers 
the  officer  giving  such  order,  to  arrest,  or  to  direct  orally 
any  policeman,  »constable,  watchman,  or  any  citizen,  to 
arrest  such  person,  or  to  confine  him  temporarily  in  any 
safe  place  until  such  fires  shall  be  extinguished;  and  in 
the  same  manner,   such  officers,    or   any   of  them,  may 
arrest  or  direct  the  arrest  or  confinement  of  any  person 
at  such  fire,  who  shall  be  intoxicated  or  disorderly;  and 
any  person  who  shall  refuse   to  obey   any   such   lawful 
order,  who  shall  refuse  to   arrest,    or  aid   in  arresting, 
any  person  so  refusing,  shall  be  liable  to  such  penalty  as 
the  common  council  may  prescribe,  not  exceeding  fifteen 
dollars. 


CHAPTER  336,  LAWS  OF  1887. 
Section  1.     In  addition  to  the  officers  and  men  now  authorized  . .. 

to  be  employed  in  the  fire  department  of  the  city  of  Milwaukee,  deoartment 
including  the  assistant  superintendent  of  fire-alarm  telegraph,  the 
superintendent  of  machinery  and  apparatus  and  the  secretary  now 
appointed  and  employed  under  ordinances  of  said  city;  and  which 
several  officers  last  named  are  hereby  constituted  and  confirmed  as 
officers  of  the  department;  there  may  also  be  appointed  hereafter 
by  the  chief,  with  the  approval  of  the  board  of  fire  and  police 
commissioners,  as  provided  by  law,  a  third  assistant  engineer,  a 
chief  operator  of  fire-alarm  telegraph  and  two  assistant  operators 
of  fire-alarm  telegraph. 

Section  2.     The  salary  of  the  third  assistant  engineer  shall  be   Caiam/  of  officers. 
fifteen  hundred  dollars  per  annum;  the  salary  of  the  chief  operator 
of  fire-alarm  telegraph  shall  be  eight  hundred  dollars  per  annum; 
the  salary  of  each  of  the  two  assistant  operators  of  the   fire-alarm 
telegraph  shall  be  seven  hundred  dollars  per  annum. 


CHAP. 

14 


Amendment. 


MILWAUKEE   CITY   CHARTER. 


208 


Section  3.  The  salary  of  each  driver  in  the  department,  after 
the  end  of  the  second  year  of  service,  shall  hereafter  be  nine 
hundred  dollars  per  annum. 

Section  4.  This  act  shall  be  taken  as  an  amendment  to  the 
charter  of  said  city  and  the  acts  amendatory  of  chapter  184,  of 
the  laws  of  1874,  and  any  provision  contained  in  said  charter  or  the 
amendments  thereof,  which  are  necessarily  inconsistent  with 
the  provisions  of  this  act  are  declared  to  be  hereby  amended  or 
repealed,  as  the  true  intent  and  meaning  of  this  act  shall  require. 


Relating  to  fire- 
men's relief  fund. 


Duties  of  city 
treasurer. 


Who  are  eligible. 


Repealed. 


Repealed. 


CHAPTER  176,  LAWS  OF  1885. 

AN  ACT  relating  to  the  "  Firemen's  Relief  Fund,"  of  the  city  of 
Milwaukee;  and  to  repeal  chapter  37,  of  the  laws  of  1878. 

Section  1.  The  members  of  the  paid  fire  department  of  the 
city  of  Milwaukee,  shall  on  or  before  the  first  day  of  June,  A.  D. 
1885,form  an  association,  and  shall  organize,  under  the  provisions  of 
sections  1987  and  1988,  of  the  revised  statutes,  and  shall  adopt 
by-laws  and  regulations  for  the  government  thereof,  and  when  so 
organized  and  the  officers  therof  shall  have  been  duly  elected  and 
shall  have  qualified  according  to  the  by-laws  of  such  corporation 
or  association,  the  city  treasurer  of  the  city  of  Milwaukee,  shall 
upon  receiving  written  notice  of  such  organization,  and  of  the 
election  and  qualification  of  the  officers  of  such  association,  pay 
over  to  the  treasurer  thereof,  the  whole  amount  of  the  fund  in  his 
hands  as  city  treasurer,  known  as  the  "Firemen's  Relief  Fund," 
created  and  held  by  virtue  of  chapter  37,  of  the  laws  of  1878;  and 
thereafter  such  fund  shall  be  the  property  of  such  corporation  or 
association,  and  shall  be  held,  enjoyed  or  disposed  of  by  it,  subject 
to  its  by-laws  and  regulations. 

Section  2.  The  city  treasurer  of  the  city  of  Milwaukee  shall 
pay  to  the  treasurer  of  such  corporation  for  the  benefit  of  the 
persons  entitled  to  relief  from  such  corporation,  on  or  before  the 
first  day  of  March  in  each  year,  one-eighth  of  the  amount  of  all 
fire  insurance  rate,  now  annually  paid  into  the  treasury  of  the 
city  of  Milwaukee,  under  section  6,  of  chapter  14,  of  the  charter 
of  the  city  of  Milwaukee,  being  chapter  184,  of  the  laws  of  1874, 
and  the  various  laws  amendatory  thereof. 

Section  3.  No  person  shall  be  elected  to,  or  hold  any  office, 
in  such  corporation,  unless  he  be  in  the  active  employment  of  the 
fire  department  of  the  city  of  Milwaukee;  and  if  his  employment 
with  the  city  shall  be  terminated  while  holding  the  office  of 
trustee,  or  any  other  office  of  such  corporation,  his  term  of  office 
shall  thereupon  cease  and  determine,  and  the  members  of  such 
corporation  as  shall,  by  the  by-laws  thereof,  be  entitled  to  vote, 
shall  forthwith  elect  his  successor. 

Section  4.  Chapter  37,  of  the  laws  of  1878,  is  hereby  repealed, 
and  the  trustees  therein  named  are  hereby  discharged  from  the 
trusts  thereby  created. 

Section  5.  All  acts  and  parts  of  acts  contravening  the 
provisions  of  this  act  are  hereby  repealed. 


209  MILWAUKEE   CITY   CHARTER.  CHAP. 

14 

CHAPTER    147,    LA^VS    OF    1893. 
AN  ACT  defining  the  name  in  which  actions  may  be  brought  to 
collect  the  two  per  centum  and  forfeitures  mentioned  in  Section 
1926,  Revised  Statutes,  as  amended. 

Section  1.     Actions  to  collect  the  two  per  centum  and  forfeits  fj^f^e  in  which 

mentioned  in  section  1926,  Revised  Statutes,  as  amended,  may  be  action  may  be 

brought  in  the  name  of  the  town,  city  or  village  in  which  the  fire  brought. 
department^therein  mentioned  is  located. 

Section  2.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication. 

CHAPTER  102,  LAWS  OF  1895. 

AN  ACT  to  amend  Section  1987,  of  the  Revised  Statutes  of  1878, 
as  amended  by  chapter  328,  laws  of  1889,  relating  to  paid  fire 
departments  in  cities. 

Section  1.  Section  1987,  of  the  revised  statutes  for  1878,  as 
amended  by  chapter  328,  of  the  laws  of  1889,  is  hereby  amended 
by  inserting  after  the  word  "families"  where  it  occurs  in  the 
tenth  line  of  said  section  as  amended,  the  words  "under  and  in 
accordance  with  such  reasonable  rules  and  regulations  as  may  be 
adopted  by  such  association  and  of  paying  to  the  representatives 
or  beneficiaries  of  deceased  members  such  sums  of  money  as  they 
may  be  entitled  to  receive  in  accordance  with  the  constitution  and 
by-laws  of  the  association,"  so  that  said  section,  when  amended, 
will  read  as  follows:  Section  1987.  The  members  of  the  paid  fire 
department  of  any  city  now  or  hereafter  organized,  are  constituted 
a  body  corporate  in  such  city,  under  the  name  of  the  Firemen's 

Relief  Association  of  the  city  of ,  for  the  purpose  of  giving 

relief  to  its  sick  and  disabled  members  and  their  families,  under 
and  in  accordance  with  such  reasonable  rules  and  regulations  as 
may  be  adopted  by  such  association,  and  of  paying  to  the  repre- 
sentatives or  beneficiaries  of  deceased  members  such  sums  of 
money  as  they  may  be  entitled  to  receive  in  accordance  with  the 
constitution  and  by-laws  of  the  association;  and  in  case  any 
member  of  any  such  association  shall  cease  to  act  with  the  fire 
department,  of  which  he  has  been  a  member,  he  shall  continue  to 
enjoy  all  the  advantages  and  benefits  of  the  association  so  long  as 
he  complies  with  the  rules,  regulations  and  by-laws  of  the  same 
and  pays  his  dues;  and  every  such  association  shall  have  all  the 
usual  powers  of  a  corporation  necessary  and  proper  for  the  purpose 
of  its  organization,  and  may  take  by  gift,  grant,  purchase  or  other- 
wise, real  and  personal  estate  not  exceeding  fifty  thousand  dollars 
in  value,  and  hold,  enjoy,  lease,  convey  and  dispose  of  the  same, 
subject  to  the  by-laws  and  regulations  of  such  corporation;  and 
such  property  shall  be  devoted  solely  to  the  purposes  of,  and 
objects  of  such  corporation. 

CHAPTER    163,  LA^WS    OF  1895. 

AN  ACT  to  amend  section  1987,  of  the  revised  statutes,  relating 
to  fire  and  police  relief  associations. 

Section  1.  Section  1987  of  Sanborn  &  Berryman's  annotated 
statutes  is  hereby  amended  by  inserting  after  che  word  '•  fire  "  in 


CHAP.  MILWAUKEE   CITY   CHARTER.  210 

14 

the  second  line  of  said  section  the  words   "or  police,"   and  by 

inserting  after  the  words  "  of  the  city  of ,"  in  the  fourth 

line  of  said  section,  the  words,  "or  the  policemen  relief  associa- 
tion of  the  city  of ,  as  the  case  may  be,"  and  by  striking 

out  after  the  words  "  relief  to,"  in  said  fourth  line  of  said  section 
1987,  the  words  "its  sick  and  disabled  members  and  their 
families,"  and  inserting  in  lieu  thereof  the  words  "the  sick  and 
disabled  members  of  such  associations,  and  their  families,  and  to 
the  persons  dependent  upon  the  deceased  members,  and  no 
others,"  and  by  inserting  after  the  word  "fire  "  in  the  sixth  line 
of  said  section  1987  the  words,  "  or  police,"  and  by  inserting  after 
the  word  "member  "  in  the  seventh  line  of  said  section  1987,  the 
words  "after  five  years  of  service,"  and  by  inserting  after  the 
word  "dues"  in  the  ninth  line  of  said  section  1987  the  words 
"  unless  the  connection  of  such  person  with  either  of  said  depart- 
ments was  discontinued  for  the  good  of  the  service.  Each  person 
on  becoming  a  member  of  either  of  said  departments  may  be 
required  to  pay  an  initiation  fee  not  exceeding  fifty  dollars,  and 
annual  dues,  as  long  as  he  remains  a  member,"  so  that  said  section 
ll»87  when  amended  shall  read  as  follows:  Section  1987.  The 
members  of  the  paid  fire  or  police  departments  in  any  city,  now 
or  hereafter  organized,  are  constituted  a  body  corporate  in  such 
city  under  the  name  of  "  The  Firemen  Relief  Association  of  the 

city  of ,"  or  "  The  Policemen  Relief  Association  of  the  city 

of ,"  as  the  case  may  be,  for  the  purpose  of  giving  relief  to 

the  sick  and  disabled  members  of  such  associations  and  their 
families  and  to  the  persons  dependent  upon  the  deceased  members, 
and  no  others.  In  case  any  member  of  such  association  shall 
cease  to  act  with  the  fire  or  police  department  of  which  he  has 
been  a  member,  after  five  years  of  service,  he  shall  continue  to 
enjoy  all  the  advantages  and  benefits  of  the  association,  as  long  as 
he  complies  with  the  rules,  regulations  and  by-laws  of  the  same 
and  pays  his  dues,  unless  the  connection  of  such  person  with 
either  of  said  departments,  was  discontinued  for  the  good  of  the 
service.  Each  person  on  becoming  a  member  of  either  of  said 
departments,  may  be  required  to  pay  an  initiation  fee  not  exceeding 
fifty  dollars  and  annual  dues  as  long  as  he  remains  a  member. 
Every  such  association  shall  have  all  the  usual  powers  of  a  corpor- 
ation, necessary  and  proper  for  the  purposes  of  its  organization, 
and  may  take  by  gift,  grant,  purchase  or  otherwise,  real  and 
personal  estate,  and  hold,  enjoy,  lease,  convey  and  dispose  of  the 
same,  subject  to  the  by-laws  and  regulations  of  such  corporation, 
and  all  of  such  property  and  the  rents,  issues  and  profits  thereof, 
shall  be  devoted  solely  to  the  purposes  and  objects  of  such 
corporation. 

Section  2.  All  acts  or  parts  of  acts  conflicting  with  the 
provisions  of  this  act  are  hereby  repealed,  so  far  as  they  conflict 
with  this  act,  and  no  further. 


211  MILWAUKEE   CITY   CHARTER.  CHAP. 

15 

CHAPTER  XV. 

POLICE   DEPARTMENT. 

Section  1 .     The  police  force  of  the  city  of  Milwaukee  Strength  of  police 
shall  consist  of  one  chief  of  police,   two  lieutenants,  and     *°''^®' 
such  number  of  detectives  and  patrolmen  as  the  common 
council  shall  from  time  to  time  by  ordinance  determine 
and  prescribe. 

See  amendment  made  by  Chapter  483,    Laws  of  1887,  in  foot 
note  hereto. 


Section  2.  The  chief  of  police  shall  be  appointed  by 
the  mayor  subject  to  the  approval  of  the  common  council, 
on  the  third  Tuesday  in  April,  A.  D.  1882,  and  biennially 
thereafter,  and  may  be  removed  by  the  mayor,  with  the 
approval  of  the  common  council.  The  chief  of  police  .shall 
nominate,  and  subject  to  the  written  approval  of  the 
mayor,  appoint  all  other  members  of  the  police  force,  who 
shall  hold  ofl&ce  during  the  pleasure  of  such  chief  of  police; 
and  all  appointments  in  the  police  shall  be  reported  to 
the  common  council  from  time  to  time  as  changes  are 
made,  and  also  annually. 

As  amended  by  Section  3,  Chapter  308,  Laws  of  1882;  practically 
repealed  by  Chapter  378,  1885,  which  seeposi. 

Section  3.     The  mayor  or  common  council  may  direct  Detailed  police. 
the  chief  of  police   to   detail  any   of  the   policemen   to 
perform  such  official  duties  as  he  or  they  deem  proper, 
and  no  extra  compensation  shall  be  allowed  therefor. 

Section  4.  The  mayor  and  aldermen,  and  the  harbor 
master  and  bridge  tenders  of  the  city,  and  the  commis- 
sioner of  health  and  his  assistants,  the  meat  inspector, 
and  the  special  assistants  appointed  by  said  commissioner 
of  health  for  quarantine  service  while  engaged  in  such 
service,  shall  severally  and  respectively  have  and  exer- 
cise, within  said  city,  all  the  powers  of  policemen  of  said 
city,  without  any  compensation  or  claim  to  compensa- 
tion therefor. 

As  amended  by  Section  44,  Chapter  324,  Laws  of  1882. 

Section  5.     The   members  of  the   police   force  shall  Duties  of  police- 
perform  such  duties  as  shall  be  prescribed  by  the  common     "'®"- 
council,  for  the  preservation  of  the  public  peace,  and  the 
good  order  and  health  of  the   city;    they    shall   possess 


CHAP. 

15 


MILWAUKEE   CITY   CHARTER. 


212 


Officers  of  the 
peace. 


Penalty  for  dis- 
obeying officers 
of  peace. 


Chief  of  police  to 
annually  report 
names  of  liquor 
dealers. 


License  for  selling 
liquors. 


the  powers  of  constables  at  common  law,  and  all  powers 
given  to  constables  by  the  law  of  this  state,  and  may 
within  the  county  of  Milwaukee  execute  all  process 
issued  by  the  municipal  court  of  Milwaukee  county  or 
any  justice  of  the  peace  of  said  county  in  criminal  cases, 
but  shall  not  serve  civil  process  except  when  the  city 
is  a  party. 

As  amended  by  Chapter  216,  Laws  of  1882. 

Section  6.  The  mayor  or  acting  mayor,  the  sheriff 
of  Milwaukee  county,  and  each  and  every  alderman, 
justice  of  the  peace,  policemen,  constable  and  watchman 
shall  be  officers  of  the  peace,  and  may  command  the 
peace,  and  suppress  in  a  summary  manner  all  rioting  and 
disorderly  behavior  within  the  limits  of  the  city;  and  for 
such  purposes  they  may  command  the  assistance  of  all 
bystanders,  and,  if  need  be,  of  all  citizens  and  military 
companies;  and  if  any  person,  bystander,  military  officer 
or  private,  shall  refuse  to  aid  in  maintaining  the  peace 
when  so  required,  each  such  person  shall  forfeit  and  pay 
a  fine  of  fifty  dollars;  and  in  cases  where  the  civil 
power  may  be  required  to  suppress  riotous  and  disor- 
derly behavior,  the  superior  or  senior  officer  present,  in 
the  order  above  mentioned  in  this  section,  shall  direct  the 
proceedings. 

Section  7.  It  shall  be  the  duty  of  the  chief  of  police, 
on  or  before  the  first  day  of  May  in  each  year,  to  report 
to  the  clerk  and  attorney  the  names  and  places  of  busi- 
ness of  all  parties  selling  or  dealing  in  spirituous,  vinous 
or  fermented  liquors,  and  to  give  notice  to  such  parties 
that  they  are  required  to  pay  the  city  treasurer  such 
license  money  as  may  be  fixed  by  law  for  the  selling  or 
dealing  in  spirituous,  vinous  or  fermented  liquors;  and 
from  time  to  time  the  chief  of  police  shall  report  the  names 
and  places  of  business  of  all  other  parties  who,  subse- 
quent to  or  not  embraced  in  such  report,  shall  be,  or  may 
have  been  engaged  in  the  selling  or  dealing  in  spirituous, 
vinous  or  fermented  liquors.  Every  license  for  the  sale 
of  such  liquors  shall  expire  on  the  first  day  of  May 
following  the  date  of  its  issue;  and  in  case  such  license 
shall  be  issued  prior  to  the  first  day  of  November,  the 
fee  for  a  full  year  shall  be  paid  therefor;  but  if  issued 
on  or  after  the  first  day  of  November,  one-half  the  fee  for 
a  full  year  shall  be  paid  therefor. 


213 


MILWAUKEE  CITY   CHARTER, 


Section  8.  No  extra  compensation  shall  be  paid  the 
chief  of  police  for  the  performance  of  the  services  specified 
in  the  foregoing  section. 

Section  9.  It  shall  be  the  duty  of  the  city  attorney 
to  prosecute  all  persons  whose  names  are  embraced  in 
such  annual  report,  who  shall  not  have  taken  out  the 
proper  license  on  or  before  the  fifteenth  day  of  May, 
and  he  shall  prosecute  all  parties  not  embraced  in  such 
reports,  who  shall  not  have  taken  out  their  licenses  within 
two  weeks  from  the  time  they  shall  have  been  notified  by 
the  chief  of  police. 


CHAP. 

15 


City  attorney  shall 
prosecute  viola' 
tion  of  license 
ordinance. 


CHAPTER  204,  LAWS  OF  1875. 

Section  1.  The  authority  of  the  police  department  of  the  city 
of  Milwaukee,  is  hereby  extended  so  as  to  embrace  the  county  of 
Milwaukee,  and  policemen  of  said  city  shall  have  like  authority 
to  make  arrests  and  serve  process  within  the  county  of  Milwaukee 
as  are  now  possessed  by  them  within  the  city  of  Milwaukee. 

Section  2.  In  order  to  facilitate  the  transactions  of  business 
and  performance  of  duty  by  policemen  in  the  county  of  Milwaukee, 
beyond  the  limits  of  the  city  of  Milwaukee,  the  county  board  of  the 
county  supervisors  of  the  county  of  Milwaukee  may  supply  the 
police  department  of  the  city  of  Milwaukee  with  sufficient 
authority  and  conveyance  to  travel  through  the  county  of 
Milwaukee. 


CHAPTER  56.  LAWS  OF  1880. 

Section  1.  The  salary  of  the  chief  of  police  of  the  city  of 
Milwaukee  is  hereby  fixed  at  three  thousand  dollars  per  annum, 
on  and  after  the  second  Tuesday  of  April,  A.  D.  1880,  which  salary 
shall  be  in  full  of  all  demands  for  his  services  as  chief  of  police  and 
for  collecting  delinquent  taxes  on  personal  property. 

Section  2.  The  said  chief  of  police  shall  collect  with  the  delin- 
quent taxes  on  personal  property,  put  into  his  hands  for  collection, 
the  same  collection  fees  now  established  by  law,  and  shall  pay  the 
same  into  the  treasury  of  said  city. 

Section  3.  No  police  officer  or  other  officer  of  said  city  shall 
receive  any  fees  for  travel  or  attendance  as  a  witness  in  any  case  in 
which  said  city  shall  be  a  party  tried  in  any  court  sitting  in  said 
city,  but  in  all  such  cases,  when  such  fees  are  properly  taxable  in 
favor  of  said  city,  they  shall  be  taxed  and  collected  with  the  other 
costs  in  the  case  and  be  paid  into  the  treasury  of  said  city. 

Section  4.  All  acts  and  parts  of  acts  contravening  the  provis- 
ions of  this  act,  in  so  far  as  they  conflict  herewith,  are  hereby 
repealed. 

Section  5.  This  act  shall  take  effect  and  be  in  force  on  and 
after  the  second  Tuesday  of  April,  A.  D.  1880. 


Salary  of  chief  of 
police. 


Shall  pay  over. 


Fees  now  estab- 
lished by  law. 

When  officers  of 
city  not  to  receive 
fees. 


CHAP. 

15 


Regulating  qualifi- 
cations, etc.,  of 
police  force. 


May  serve  and 
return  process. 


Weapons  and  con- 
traband articles. 


MII.WAUKEE   CITY   CHARTER. 


214 


SECTIONS   4,  5,  6,   OF   CHAPTEK  308,  LAAVS  OF   1882,  AS 

AMENDED    BY    SECTION     1,    CHAPTEK    8, 

LAWS     OF     1883. 

Section  4.  The  common  council  may  make  regulations  rela- 
tive to  the  appointment,  qualifications,  government  and  duties  of 
the  members  of  the  police  force,  and  may  provide  thereby  that  all 
patrolmen  shall  be  first  appointed  upon  trial  or  probation;  but  such 
regulations  shall  not  conflict  with  the  provisions  of  the  next 
preceding  section. 

Section  5.  The  officers  and  members  of  the  police  force  shall 
have  authority  to  serve  and  return  process  returnable  in  any  court 
in  the  county  of  Milwaukee,  in  cases  in  which  the  city  of  Mil- 
waukee, or  the  state  of  Wisconsin  is  plaintiff"  or  prosecutor,  with 
the  same  force  and  effect  as  the  same  may  be  done  by  the  sheriff 
of  said  county  or  his  deputies. 

Section  6.  Authority  is  hereby  given  to  the  common  council 
of  said  city  to  provide  by  ordinance,  for  the  sale,  destruction  or 
other  disposition,  of  weapons  and  other  contraband  articles  taken 
from  persons  under  arrest,  that  are  now,  or  hereafter  may  be  in 
possession  of  the  chief  of  police,  and  also  for  the  sale  of  all  articles 
of  personal  property  of  whatever  nature,  which  now,  or  hereafter 
may  be  in  the  custody  of  the  chief  of  police,  and  not  claimed  by 
the  owners  thereof,  for  the  period  of  six  months  after  their  seizure; 
and  the  proceeds  of  all  articles  so  sold  under  such  ordinance,  shall 
be  paid  into  the  city  treasury  of  the  city  of  Milwaukee  to  the 
credit  of  the  general  fund.  Witness  fees  taxed  for  the  testimony 
of  any  police  officer  or  policeman  in  any  case,  either  criminal,  or 
arising  from  violation  of  any  city  ordinance,  as  witness  or 
interpreter  shall  be  paid  into  the  general  city  fund  of  said  city. 


CHAPTER    378,    LAWS    OF    1885. 

Board  of  fire  and  Section  1.  There  shall  be  in  the  city  of  Milwaukee,  a  board 
police  commis-  ^^  ^^^  ^°^  police  commissioners,  consisting  of  four  citizens,  not 
Sioners.  more  than  two  of  whom  shall  belong  to  the  same  political  party, 

when  appointed.  No  salary  or  other  compensation  for  services 
shall  be  paid  to  any  member  of  such  board.  Three  members  of 
the  board  shall  constitute  a  quorum  necessary  for  the  transaction 
of  business.  It  shall  be  the  duty  of  the  mayor  of  said  city,  before 
the  first  Monday  of  July,  1885,  to  appoint  four  members  of  said 
board,  designating  the  term  of  office  of  each,  one  to  hold  one 
year,  one  to  hold  two  years,  one  to  hold  three  years  and  one  to 
hold  four  years  from  the  first  Monday  in  July,  1885,  and  all  until 
their  respective  successors  shall  be  appointed  and  qualified.  After 
the  present  year  it  shall  be  the  duty  of  the  mayor,  each  year 
before  the  first  Monday  in  July,  to  appoint  one  member  of  said 
board,  whose  term  of  office  shall  be  four  years  from  the  first 
Monday  in  July  in  that  year,  and  until  his  successor  is  appointed 
and  qualified.  Every  person  appointed  a  member  of  said  board 
shall,  before  entering  upon  the  duty  of  his  office,  take  and 
subscribe  the  oath  of  office  prescribed  by  the  constitution  of  the 
state,  and  file  the  same  duly  certified  by  the  officer  administering 
it,  with  the  clerk  of  said  city. 


215 


MILWAUKEE   CITY   CHARTER. 


Section  2.  After  the  first  Monday  in  July,  1885,  no  person 
shall  be  appointed  to  any  position,  either  on  the  police  force  or  in 
the  fire  department  of  said  city,  except  with  the  approval  of  said 
board. 


CHAP. 

15 

No  appointments 
to  be  made  except 
with  approval  of 
board. 


Section  3.  As  soon  as  possible  after  the  first  members  of  said 
board  shall  enter  upon  their  offices,  said  board  shall  prepare  and 
adopt  such  rules  and  regulations  to  govern  the  selection  and 
appointment  of  persons  to  be  thereatter  employed  on  either  the 
police  force  or  the  fire  department  of  said  city,  as  in  the  judgment 
r{  said  board  shall  be  adapted  to  secure  the  best  service  for  the 
public  in  each  department.  Such  rules  and  regulations  shall 
provide  for  ascertaining,  as  far  as  possible,  the  physical  qualifica- 
tions, the  habits  and  the  reputation,  and  standing  and  experience 
of  all  applicants  for  positions,  and  they  may  provide  for  the 
competitive  examination  of  some  or  all  in  such  subjects  as  shall 
be  deemed  proper  for  the  purpose  of  best  determining  their 
qualifications  for  the  positions  sought.  Such  rules  and  regula- 
tions may  provide  for  the  classification  of  positions  in  the  service 
and  for  a  special  course  of  inquiry  and  examination  of  candidates 
for  each  class.  All  rules  and  regulations  adopted  shall  be  subject 
to  modification  or  repeal  by  the  board  at  any  time. 

Section  4.  The  board  shall  cause  the  rules  and  regulations  so 
prepared  and  adopted  and  all  changes  therein,  to  be  printed  and 
distributed  as  they  shall  deem  necessary,  and  the  expense  thereof 
shall  be  certified  by  the  board  to  the  city  comptroller  and  shall  be 
paid  by  the  city.  Such  rules  and  regulations  shall  specify  the 
date  when  they  will  take  effect,  and  thereafter  all  selections  of 
persons  for  employment,  or  appointment  or  promotion,  either  in 
the  police  force  or  the  fire  department  of  said  city,  except  of  the 
chief  and  first  lieutenant  of  the  police  and  the  chief  engineer  and 
first  assistant  of  the  fire  department,  shall  be  made  in  accordance 
with  such  rules  and  regulations. 


Adoption  of  rules 
and  regulations. 


Examination  to  be 
free  to  all  citizens 
of  the  U.  S. 


Section  5.  The  examinations  which  the  rules  and  regulations 
shall  provide  for  shall  be  public  and  free  to  all  citizens  of  the 
United  States  with  proper  limitations  as  to  residence,  age,  health, 
habits  and  moral  character.  The  examinations  shall  be  practical 
in  their  character  and  shall  relate  to  those  matters  which  will 
fairly  test  the  relative  capacity  of  the  candidates  to  discharge  the 
duties  of  the  positions  in  which  they  seek  employment  or  to  which 
they  seek  to  be  appointed,  and  may  include  tests  of  manual  skill 
and  physical  strength.  The  board  shall  control  all  examinations 
and  may  designate  suitable  persons,  either  in  the  official  service  of 
the  city  or  not,  to  conduct  such  examinations,  or  any  of  them, 
and  may  change  such  examiners  at  any  time,  as  shall  seem  best. 

Section  6.  Whenever  after  the  first  Monday  in  July,  1885,  a 
vacancy  shall  exist  in  the  office  of  chief  of  police  or  in  the  office 
of  chief  engineer  of  the  fire  department  it  shall  be  the  duty  of 
said  board  to  appoint  proper  persons  to  fill  such  offices  respectfully 
[respectively]  during  good  behaviour  subject  to  suspension  and 
removal  as  hereinafter  provided. 


Examinations  shall 
be  public. 


In  case  of  vacancy, 
how  filled. 


CHAP. 

15 

Vacancy  in  office 
of  lieutenant  of 
police. 


Vacancy  in  office 
of  first  assistant 
engineer. 


All  other  members 
shall  hold  at 
pleasure  of  chief. 


MILWAUKEE   CITY   CHARTER. 


216 


Salaries  to  be 
according  to 
length  of  service; 
common  council 
may  change. 


Common  council 
has  power  to 
pension. 

Suspension  from 
office. 


Section  7.  Whenever  after  the  first  Monday  in  July,  1885,  a 
vacancy  shall  exist  in  the  office  of  first  lieutenant  of  the  police,  the 
chief  of  the  police  shall  nominate  and  with  the  approval  of  said 
board,  shall  appoint  a  suitable  person  to  such  office,  to  hold 
during  good  behavior,  subject  to  suspension  and  removal  as  here- 
inafter provided. 

Section  8.  Whenever  after  the  first  Monday  in  July,  1885,  a 
vacancy  shall  exist  in  the  office  of  first  assistant  engineer  of  the 
fire  department,  the  chief  engineer  shall  nominate  and  with  the 
approval  of  the  board  shall  appoint  a  suitable  person  to  that  office, 
to  hold  during  good  behavior,  subject  to  suspension  and  removal 
as  hereinafter  provided. 

Section  9.  All  other  members  of  the  force  in  either  depart- 
ment named,  at  the  time  when  the  rules  and  regulations  shall  go 
into  effect  shall  continue  to  hold  their  respective  positions  and 
employments  at  the  pleasure  of  their  respective  chiefs,  and  all 
persons  subsequently  appointed  shall  so  hold.  All  vacancies  in 
either  department  shall  be  filled  and  all  new  appointments  shall 
be  made  by  the  respective  chiefs  with  the  approval  of  the  board. 
Where  vacancies  in  old  offices  or  newly  created  offices  can,  with 
safety  to  the  department,  be  filled  by  the  promotion  of  officers  or 
men  already  in  the  service  and  who  have  proved  their  fitness  for 
the  promotion,  the  vacancies  and  newly  created  offices  shall  be  so 
filled  by  promotion  by  the  respective  chiefs  with  the  approval  of 
the  board. 

Section  10.  Provisions  may  be  made  by  the  common  council  of 
said  city  by  general  ordinance  that  the  salaries  of  officers  and  men  in 
the  police  and  fire  departments  of  the  city  shall  increase  with  the 
length  of  the  term  of  service.  The  salary  and  compensation  of  all 
officers  and  men  in  said  departments  shall  be  at  all  times  subject 
to  change  by  the  common  council,  provided  that  the  salary  or 
compensation  of  no  officer  or  man  in  the  service  of  either  depart- 
ment shall  be  decreased,  except  upon  the  previous  recommendation 
of  such  change  made  in  writing  by  the  board  to  the  common 
council.  The  common  council  shall  have  the  power  to  provide 
for  an  annual  pension  for  life  for  such  members  of  either  service 
as  shall  be  honorably  discharged  from  the  same. 

Section  11.  The  chief  of  police,  the  first  lieutenant  of  police, 
the  chief  engineer  of  the  fire  department,  and  the  first  assistant 
engineer  of  the  fire  department,  each  and  all  of  them,  shall  be 
subject  to  a  suspension  from  office  for  cause  by  the  mayor  at  any 
time.  Any  officer  so  suspended  shall  thereupon  cease  to  exercise 
the  functions  of  his  office  until  he  shall  be  reinstated.  In  case  of 
such  suspension,  the  mayor  shall,  at  once,  communicate  to  said 
board  the  charge  or  charges  against  the  officer  suspended,  and  the 
board  shall  at  once  consider  and  examine  the  same,  giving  the 
suspended  officer  opportunity  to  meet  the  charges  and  be  heard  in 
his  own  defense.  After  hearing  the  matter,  the  board  shall  deter- 
mine whether  the  charges  are  sustained.  If  the  charges  shall  not 
be  sustained  by  the  board  the  officer  shall  be  immediately  reinstated. 
If  the  board  shall  determine  that  the  charges  are  sustained,  they 
shall  at  once  determine  whether  the  good  of  the  service  requires 


217 


MILWAUKEE   CITY   CHARTER. 


that  the  suspended  officer  shall  be  removed  from  office,  or  shall  be 
suspended  from  office  without  pay  for  a  fixed  period.  The  board 
shall  communicate  their  decision  to  the  mayor  in  writing.  The 
mayor  shall  make  it  public,  and  the  decision  shall  be  final  and 
conclusive  in  all  cases. 

Section  12.  The  board  shall  have  power  and  it  shall  be  the 
duty  of  the  board  when  all  the  four  members  thereof  concur  in  the 
opinion  that  the  good  of  the  service,  in  either  of  the  departments 
aforesaid,  will  be  subserved  by  the  removal  from  office  of  any  of 
the  officers  named  in  section  11  to  remove  such  officer.  In  such 
cases  the  removal  shall  be  made  by  a  notice  to  the  officer,  signed 
by  all  the  members  of  the  board,  and  it  shall  not  be  necessary  to 
state  any  cause  for  such  removal. 

Section  13.  The  board  shall  have  the  power  to  appoint  an 
officer  to  be  called  a  chief  examiner.  The  board  shall  prescribe 
his  duties  and  his  compensation,  which  shall  be  paid  by  the  city 
on  the  certiffcate  of  the  board.  He  shall  be  subject  to  removal  at 
any  time  by  the  board,  and  they  shall  have  power  to  change  his 
duties  and  his  compensation  at  any  time,  as  they  may  deem 
proper.  The  board  shall  have  power  to  fix  and  alter  at  will  a 
compensation  for  any  other  examiners  appointed  by  the  board, 
and  such  compensation  shall  be  paid  by  the  city  on  a  certificate 
of  the  board. 

Section  14.  This  act  is  to  be  taken  as  an  amendment  to  the 
charter  of  the  city  of  Milwaukee,  being  chapter  184,  of  the  laws  of 
1874,  and  the  various  laws  amendatory  therof,  and  any  parts  or 
portions  of  said  chapter,  and  any  provisions  therein  which  are 
inconsistent  with  this  act,  or  not  in  harmony  with  its  provisions, 
are  declared  to  be  modified,  amended,  superseded  or  repealed  by 
this  act,  as  the  intention  herein  declared  may  require. 


CHAP. 

15 


When  it  is  duty  of 
board  to  remove 
from  office. 


Power  of  appoint- 
ment. 


Charter  amended. 


CHAPTER    483,   LA^WS    OF    1887. 

Section  1.  From  and  after  the  fifteenth  day  of  April,  next, 
the  two  lieutenants  of  police  in  the  city  of  Milwaukee,  now  known 
as  the  first  and  second  lieutenants,  shall  be  designated  and  known 
respectively  as  the  inspector  of  police  and  the  captain  of  police, 
and  under  those  designations  and  names,  such  officers,  respectively, 
and  their  successors  shall  have  all  the  powers  and  rights,  and  shall 
perform  the  duties,  and  be  subject  to  the  same  regulations  and 
provisions  of  law  as  now  pertain  to  the  offices  of  first  and  second 
lieutenants  of  police. 

Section  2.  From  and  after  the  fifteenth  day  of  April  next,  in 
addition  to  the  chief,  the  inspector  and  the  captain,  and  such 
number  of  detectives,  sergeants,  roundsmen,  and  patrolmen  as  the 
common  council  may  from  time  to  time  prescribe,  constituting  the 
police  force  of  said  city,  there  shall  be  also  four  lieutenants  of 
police  who  shall  be  appointed  as  the  law  provides,  and  shall  each 
receive  a  salary  of  twelve  hundred  dollars  per  year  to  be  paid  as 
provided  for  the  payment  of  the  salaries  of  other  officers  upon  the 
police  force. 


Relating  to 
force. 


police 


Salary  of  lieutenant 
of  police. 


CHAP. 

15 

Amendatory. 


MILWAUKEE   CITY   CHARTER. 


218 


Section  3.  This  act  shall  be  taken  as  an  amendment  to  the 
charter  of  the  city  of  Milwaukee,  being  chapter  184,  of  the  laws  of 
1874,  and  the  various  laws  amendatory  thereof,  and  any  parts  of 
said  chapter  or  of  the  amendments  thereto,  and  any  provisions 
therein  which  are  necessarily  inconsistent  with  the  provisions  of 
this  act,  are  declared  to  be  hereby  amended  or  repealed  by  this  act 
as  the  intention  herein  declared  may  require. 

As  amended  by  Chapter  136,  Laws  of  1889. 


Rewards,  etc., 
received  to  be 
paid  or  turned 
over  to  treasurer. 


CHAPTEK    137,    LAWS    OF    1889. 

AN  ACT  to  create,  regulate  and  control   the   policemen's  relief 
fund  of  the  city  of  Milwaukee, 

Section  1.  The  members  of  the  paid  police  department  of  the 
city  of  Milwaukee  shall  on  or  before  the  first  day  of  June,  1889, 
form  an  association  and  shall  organize  under  the  provisions  of 
section  1987  and  1988,  of  the  revised  statutes,  and  shall  adopt 
by-laws  and  regulations  for  the  government  thereof,  and  when  so 
organized  and  the  officers  thereof,  shall  have  been  duly  elected  and 
shall  have  qualified  according  to  the  by-laws  of  such  association, 
the  city  treasurer  of  the  city  of  Milwaukee  shall,  upon  receiving 
written  notice  of  such  organization  and  of  the  election  and  qualifi- 
cation of  the  ofiicers  of  said  association  and  on  the  first  Monday  in 
May,  1890,  and  on  the  first  Monday  in  May  of  each  year  thereafter, 
pay  over  to  the  treasurer  of  said  association,  for  the  benefit  of  the 
persons  entitled  to  relief  from  said  association,  one  per  centum  of 
the  amount  of  all  fees  received  by  said  city  for  licenses  issued 
by  said  city  for  the  sale  of  intoxicating  liquors  during  the 
preceding  year;  provided,  however,  that  such  amount  shall  not 
exceed  the  sum  of  two  thousand  five  hundred  dollars  in  any  year, 
and  the  proper  ofl&cersof  said  city  of  Milwaukee  are  hereby  author- 
ized and  directed  from  time  to  time  to  issue  to  the  treasurer  of 
said  association  an  order  on  the  city  treasurer  therefor,  and 
thereafter  such  amount  shall  be  the  property  of  the  said  association, 
and  shall  be  held,  and  enjoyed  by  and  disposed  of  by  it,  subject 
to  its  by-laws  and  regulations. 

Section  2.  It  is  hereby  made  the  duty  of  every  member  of  said 
department,  including  the  chief  of  police,  to  execute  to  the  said 
policemen  relief  association  of  the  city  of  Milwaukee,  on  or  before 
the  first  day  of  June,  1889,  a  written  assignment  of  all  of  his  right, 
title  and  interest  of,  in  and  to  all  moneys  received,  and  to  be 
received  as  rewards  during  the  period  of  his  membership  in  said 
department;  and  it  shall  be  the  duty  of  every  person  appointed  as 
a  member  of  said  department  thereafter,  to  execute  such  an  assign- 
ment upon  entering  upon  his  duties;  and  it  is  hereby  made  the 
duty  of  the  chief  of  police  to  forthwith  remove  from  said  depart- 
ment any  member  who  shall  fail  to  comply  with  the  provisions 
of  this  section. 

Section  3,  It  is  hereby  made  the  duty  of  all  persons  during 
their  membership  in  said  department,  to  pay  or  deliver  over 
without  delay  to  the  treasurer  of  said  association  all  property, 
money  or  things  of  value  other  than  their  salaries,  received  by  such 


219 


MILWAUKEE   CITY   CHARTER. 


CHAP. 

15 


persons  as  reward  or  compensation  in  the  performance  of  official 
duty  or  special  services  in  said  department;  and  it  is  hereby  made 
the  duty  of  the  chief  of  police  to  forthwith  remove  any  member  of 
said  department  who  shall  fail  to  comply  with  this  provision. 

Skction  4.  The  proceeds  hereafter  realized  from  the  sales  of  proceeds  how 
unclaimed  goods  and  property  disposed  of  under  the  provisions  of  applied/ 
chapter  8,  of  the  laws  of  1883,  and  the  ordinances  of  said  city, 
shall  be  paid  by  the  chief  of  police  to  the  treasurer  of  said  associa- 
tion, and  all  money  that  shall  be  unclaimed  for  the  space  of  one 
year  shall  be  delivered  by  the  chief  of  police  to  the  treasurer  of 
said  association. 

Section  5.     It  is  hereby  made  the  duty  of  the  clerk  of  the  y^^jj^gss  fees  of 
municipal  court  of  Milwaukee  county  to  tax  witness  fees  in  all  members  of,  to  be 
cases  in  said  court  wherein  the  members  of  said  department  are  paid  to  treasurer 
witnesses  for  the  prosecution,  and  he  shall  pay  the  same,  when  by  cleric  of  muni- 
collected  on  the  first  Mondays  of  January,  April,  July  and  October,  <^'P^'  ^O""^- 
to  the  treasurer  of  said  association. 

Section  6.     All  funds  that  shall  come  into  the  hands  of  the    pyjy  qJ  treasurer 
treasurer  of  said  association  by  virtue  of  this  act  shall  be    the      respecting  funds. 
property  of  said  association,  and  shall  be  held  and  enjoyed  by  and 
disposed  of  by  it  subject  to  its  by-laws  and  regulations. 


Section  7.  The  treasurer  of  said  association  shall  give  a  bond, 
with  at  least  two  sureties,  in  the  penal  sum  to  be  fixed  by  said 
association,  not  to  be  less,  however,  than  five  thousand  dollars, 
which  shall  be  approved  by  the  comptroller  of  the  city  of  Mil- 
waukee before  such  treasurer  shall  enter  upon  the  duties  of  his 
office. 

Section  8.  No  person  shall  be  elected  to  or  hold  any  office  in 
said  association  unless  he  be  in  the  active  service  of  the  police 
department  of  the  city  of  Milwaukee,  and  if  such  active  service 
shall  be  terminated  while  holding  the  office  of  trustee  or  any 
other  office  of  said  association  his  term  shall  thereupon  cease  and 
determine,  and  the  members  of  said  association  who  shall  by  the 
by-laws  thereof  be  entitled  to  vote,  shall  forthwith  elect  his 
successor.  The  city  attorney  of  the  city  of  Milwaukee  shall  be 
ex-officio  one  of  the  trustees  of  the  policemen's  relief  association 
and  also  a  trustee  of  the  firemen's  relief  association  of  the  said 
city  of  Milwaukee. 

As  amended  by  Chapter  163,  Laws  of  1895. 


Treasurer  to  give 
bond. 


Who  eligible  to 
office  in  associa- 
tion. 


City  attorney  shall 
be  ex-officio 
trustee. 


CHAPTER    202,    LAWS    OF     1889. 

AN  ACT  to  authorize  the  city  of  Milwaukee   to   pension   widows 
and  children  of  members  of  the  fire  and  police  departments. 

Section  1.  The  common  council  of  the  city  of  Milwaukee  is 
hereby  authorized  to  pay  annually  to  the  widow  and  children  and 
dependent  widowed  mother  of  any  member  of  the  fire  or  police 
departments  of  said  city,  who  have  been  killed  since  the  first  day 
of  February,  1889,  or  who  may  hereafter  be  killed  in  the  actual 


Common  council 
may  pension 
widows,  children 
and  dependent 
widowed  mothers 


CHAP. 

15 

of  members  of 
police  and  fire 
departments 
killed  in  dis- 
charge of  duty. 


MILWAUKEE   CITY   CHARTER. 


220 


discharge  of  his  duties,  such  sum  of  money  as  a  pension  for  such 
time  as  it  may  deem  proper;  such  sum  not  to  exceed  one-half  of 
the  annual  salary  drawn  by  said  member;  provided,  that  such 
pension  shall  cease  upon  the  remarriage  of  said  widow  or  upon 
other  cessation  of  dependency  of  such  children  or  widowed 
mother. 

Section  2.     This  act  shall  take  efifect  and  be  in  force  from  and 
after  the  date  of  its  passage  and  publication. 


Board  of  fire  and 
police  commis- 
sioners to  decide 
applications  for 
pensions. 


Member  of  depart- 
ment, when 
retired;  duty  of 
commissioners. 


Pensions,  who 
entitled  to,  upon 
death  of  member. 


CHAPTER    379,    LA^VS    OF    1895. 

AN  ACT  to  provide  pensions  for  the  members  of  the  paid  fire  and 
police  departments  and  to  the  widows  and  minor  children  of 
deceased  members  in  cities  having  a  population  of  one  hundred 
and  fifty  thousand  and  over  in  certain  cases  and  to  repeal 
conflicting  laws. 

Section  1.  The  board  of  fire  and  police  commissioners  in  any 
city  having  a  population  of  one  hundred  and  fifty  thousand  and 
over  and  having  paid  fire  and  police  departments  shall  hear  and 
decide  all  applications  for  pensions  under  this  act,  and  its  decisions 
on  such  applications  shall  be  final  and  conclusive  and  not  subject 
to  review,  modification  or  reversal  except  by  the  board  itself  at  its 
own  discretion.  The  board  shall  cause  to  be  kept  a  record  of  all 
such  applications  and  of  all  its  proceedings  under  this  act. 

Section  2.  If  any  member  of  the  paid  fire  or  police  depart- 
ment of  any  such  city  shall,  while  engaged  in  the  performance  of 
his  duty  as  such  fireman  or  policeman,  be  injured  and  be  found 
upon  examination  by  a  medical  officer  ordered  by  said  board  of 
fire  and  police  commissioners  to  be  physically  or  mentally  per- 
manently disabled  by  reason  of  service  in  such  department  so  as 
to  render  necessary  his  retirement  from  service  in  such  fire  or 
police  department,  said  board  of  fire  and  police  commissioners 
shall  retire  such  disabled  member  from  service  in  such  fire  or 
police  department,  provided  no  such  retirement  on  account  of  such 
disability  shall  occur  unless  said  member  has  contracted  said  dis- 
ability while  in  the  service  of  such  fire  or  police  department. 
Upon  such  retirement  the  said  board  of  fire  and  police  commis- 
sioners shall  order  the  payment  to  such  disabled  member  of  such 
fire  or  police  department,  monthly,  by  the  treasurer  of  said  city  of 
a  sum  equal  to  one-half  the  monthly  compensation  allowed  to  such 
member  as  salary  at  the  date  of  such  retirement. 

Section  3.  If  any  member  of  the  paid  fire  or  police  depart- 
ment of  such  city  shall,  while  in  the  performance  of  his  duty,  be 
killed  or  die  as  the  result  of  an  injury  received  in  the  line  of  his 
duty  or  any  disease  contracted  by  reason  of  his  occupation,  or  if 
any  member  of  such  paid  fire  or  police  department,  after  ten 
years'  service  in  such  department,  shall  die  from  any  cause  what- 
ever while  in  said  service,  or  if  any  member  of  such  paid  fire  or 
police  department  shall  die  from  any  cause  whatever  after  having 
been  retired  upon  a  pension  under  any  of  the  provisions  of  this 
act,  or  of  chapter  287  of  the  laws  of  1891,  and  shall  leave  a  widow 


221 


MILWAUKEE   CITY   CHARTER. 


CHAP. 

15 


Pensions, 
amount  of. 


Widow  not  entitled 
to  pension  after 
re-marriage. 


When  member  of 
department  may 
retire. 


or  minor  child  or  minor  children  under  16  years  of  age  surviving 
him,  said  board  of  fire  and  police  commissioners  shall  direct  the 
payment  by  the  treasurer  of  said  city  of  the  following  sums 
monthly,  to-wit:  to  such  widow,  while  unmarried,  thirty  dollars; 
to  the  guardian  of  such  minor  child  or  children,  six  dollars  for 
each  of  said  children  while  under  the  age  of  sixteen  years;  pro- 
vided, however,  that  there  shall  not  be  paid  to  a  family  of  a 
deceased  member  a  total  pension  exceeding  one-half  the  amount  of 
the  monthly  salary  of  such  deceased  member  at  the  time  of  his 
decease,  or,  if  retired  upon  a  pension  under  any  of  the  provisions 
of  this  act,  or  of  said  chapter  287,  of  the  laws  of  1891,  a  sum  not 
exceeding  one-half  the  amount  of  the  monthly  salary  of  such 
retired  member  at  the  date  of  his  retirement;  but  nothing  in  this 
act  shall  warrant  the  payment  of  any  pension  to  the  widow  of  any 
member  or  retired  member  of  such  fire  or  police  department  after 
she  shall  have  re-married. 

Section  4.  Any  member  of  the  paid  fire  or  police  department 
of  such  city  after  becoming  fifty  years  of  age  and  having  served 
twenty -two  years  or  more  in  such  fire  or  police  department,  of 
which  the  last  five  years  of  service  shall  have  been  continuous, 
may  make  application  to  be  retired  from  such  fire  or  police  depart- 
ment, such  application  to  be  decided  by  the  board  of  fire  aid 
police  commissioners  in  accordance  with  the  authority  conferred 
upon  it  by  this  act;  or  such  member  may  be  retired  from  such  fire 
or  police  department,  without  any  application,  by  the  board  of 
fire  and  police  commissioners  whenever  in  its  judgment  advisable; 
and  in  either  case  the  said  board  of  fire  and  police  commissioners 
shall  order  and  direct  that  such  person  shall  be  paid  a  monthly 
pension  equal  to  one-half  the  amount  of  salary  attached  to  the 
rank  which  he  may  have  held  in  such  fire  or  police  department  at 
the  date  of  such  retirement,  to  be  paid  by  the  treasurer  of  such 
city;  and  the  said  board  upon  the  recommendation  of  the  chief 
officer  of  such  fire  or  police  department  shall  have  the  power  to 
assign  members  of  the  fire  or  police  department  retired  and 
drawing  pensions  under  this  act  or  under  said  chapter  287,  of  the 
laws  of  1891,  to  the  performance  of  light  duties  in  such  fire  or 
police  department  in  case  of  extraordinary  emergencies. 

Section  5.     Any  persons  now  drawing  pensions  under  any  of  Persons  drawing 
the  provisions  of  chapter  287,  of  the  laws  of  1891,  entitled  "  An     pensions  to  be 
act  to  create  a  pension  fund  for  members  of  fire  and  police  depart-     paid  by  city 
ments  in  certain  cities  of  Wisconsin,"  shall  continue  to  receive     treasurer. 
monthly  the  same  sums  as  they  are  now  receiving  under  any  of 
the  provisions  of  said  chapter  287;  but  such  sums  shall  be  paid  to 
them  hereafter  by  the  treasurers  of  such  cities  in  the  same  manner 
and  under  the  same  provisions  of  law  which  govern  the  payment 
of  pensions  under  the  present  act  and  not  otherwise. 


Section  6.  The  pensions  provided  for  in  this  act  shall  be  paid 
monthly,  on  the  first  day  of  the  month,  in  the  same  manner  and 
under  the  same  provisions  of  law  which  govern  the  payment  of 
the  salaries  of  active  members  of  such  fire  and  police  departments 
so  far  as  the  same  may  be  applicable,  and  the  provisions  of  any 
law  or  ordinance   for  monthly  pay-rolls  in  such  fire  or  police 


Pension  to  be  paid 
monthly. 


CHAP.  MILWAUKEE   CITY   CHARTER.  222 

15 

departments  shall  apply  to  the  persons  and  pensions  provided  for 
in  this  act. 

^ind'the?eaft'e7°'^  Section  7.  The  board  of  trustees  of  the  firemen's  and  police- 
cease  to  exist  men's  pension  fund  heretofore  organized  under  the  provisions  of 
chapter  287,  of  the  laws  of  1891,  in  any  city  having  a  population 
of  one  hundred  and  fifty  thousand  and  over,  and  having  a  board 
of  fire  and  police  commissioners,  shall  immediately  upon  the 
passage  and  publication  of  this  act  make  report  to  the  common 
council  of  said  city  of  the  condition  of  such  pension  fund,  and 
any  funds  remaining  in  the  possession  or  under  the  control  of  any 
such  board  of  trustees,  or  of  its  treasurer,  shall  be  transferred  to 
the  treasurer  of  such  city  and  be  by  him  turned  into  the  general 
fund  of  such  city,  and  thereupon  such  board  of  trustees  shall  cease 
to  exist  in  such  city. 

Section  8.  The  provisions  of  any  act  or  law  or  ordinance  now 
in  force  or  effect  so  far  as  they  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 


CHAPTER  XVI. 

SALARIES. 

Salaries  of  city  SECTION  1.     Salaries  shall  be  paid  to  the  several  and 

officials.  respective   oflScers  of  the   said   city   mentioned   in   this 

section,  for  all  services  during  the  time  of  their  service, 
at  the  following  rates  per  annum,  to- wit: 

To  the  mayor  four  thousand  dollars; 
( Chapter  349,  Laws  of  1889. ) 

To  the  city  treasurer  five  thousand  dollars; 
(Section  5,  Chapter  161,  Laws  of  1889.) 

To  the  comptroller  four  thousand  dollars; 
(Chapter  352,  Laws  of  1889.) 

To  the  deputy  comptroller  twenty-two  hundred  dollars; 
(Chapter  375,  Laws  of  1891.) 

To  the  city  attorney  four  thousand  dollars; 

To  the   assistant  city   attorney   twenty-four   hundred 
dollars. 

(Chapter  36,  Laws  of  1889.) 

To  the  city  clerk  two  thousand  five  hundred  dollars; 
(Chapter  303,  Laws  of  1889. ) 

To  the  deputy  city  clerk  eighteen  hundred  dollars; 
(Chapter  189,  Laws  of  1891. ) 


223  MILWAUKEE   CITY   CHARTER.  CHAP. 

16 

To  the  tax  commissioner  twenty- five  hundred  dollars; 
(Chapter  323,  Laws  of  1889. ) 

To   the   assessors   each   seven    hundred    and    twenty- 
dollars; 

(Chapter  489,  Laws  of  1887.) 

To   the   chief  engineer  of  the   fire    department    three 
thousand  dollars. 

(Chapter  419,  Laws  of  1885.) 

To  the  first  and  second  assistant  engineers  of  the  fire 
department  eighteen  hundred  dollars; 
(Chapter  136,  Laws  of  1889.) 

To  the  third  assistant  engineer  of  the  fire   department 
fifteen  hundred  dollars; 
(Chapter  336,  Laws  of  1887.) 

To  the  assistant  superintendent  of  fire  alarm  telegraph 
fifteen  hundred  dollars. 
(Chapter  136,  Laws  of  1889.) 

To   the  superintendent  of  machinery  and    apparatus 
fifteen  hundred  dollars; 
(Chapter  136,  Laws  of  1889.) 

To  the  secretary  of  the  fire  department  twelve  hundred 
dollars; 

(Chapter  136,  Laws  of  1889.) 

To  the  chief  operator  of  fire  alarm   telegraph   eight 
hundred  dollars; 

( Chapter  336,  Laws  of  1887. ) 

To  the  assistant  operators  of  fire  alarm  telegraph  seven 
hundred  dollars; 

(Chapter  336,  Laws  of  1887.) 

To  the   foreman  of  each   company    twelve    hundred 
dollars; 

(Chapter  405,  Laws  of  1885. ) 

To  the  first  pipeman  each  nine  hundred  dollars; 
(Chapter  405,  Laws  of  1885. ) 

To  the  firemen  each  eight  hundred  dollars; 
To  the  engineers  of  fire  steamers  each  twelve  hundred 
dollars; 


CHAP.  MILWAUKEE  CITY   CHARTER.  224 

16 

To  the  stokers  each  eight  hundred  dollars  for  the  first 
year  of  service  in  the  department  and  nine  hundred  dollars, 
thereafter; 

(Chapter  405,  Laws  of  1885.) 

To  the  drivers  each   nine   hundred   dollars,    after   the 
second  year  of  service  in  the  department; 
•  (Section  3,  Chapter  336,  Laws  of  1889. ) 

To  the  pipemen  each  seven  hundred  dollars  for  the 
first  year  of  service  in  the  department,  and  eight  hundred 
dollars  for  the  second,  and  nine  hundred  dollars 
thereafter; 

(Chapter  405,  Laws  of  1885.) 

To  the  chief  of  police  three  thousand  dollars; 
(Chapter  56,  Laws  of  1880. ) 

To  the  inspector  of  police  eighteen  hundred  dollars; 
(Chapter  136,  Laws  of  1889.) 

To  the  captain  of  police  fifteen  hundred  dollars; 
(Chapter  136,  Laws  of  1889. ) 

To  the  four  lieutenants  of  police  each  twelve  hundred 
dollars; 

(Chapter  136,  Laws  of  1889.) 

To  the  detectives  each  one  thousand  dollars; 
To  the  sergeants  each  nine  hundred  dollars; 
To  the  roundsmen  each  eight  hundred  dollars; 
To  the  patrolmen  each  eight  hundred  dollars; 
To  the  harbormaster  one  thousand  dollars; 

In  addition  to  his  salary,  as  above,  the  city  treasurer 
shall  be  allowed  such  sum  each  year,  for  clerk  hire,  as 
the  common  council  shall  deem  to  be  reasonable,  and 
shall  fix  or  determine  by  resolution.  All  salaries  of 
ofl&cers  and  others,  which  are  not  fixed  absolutely  by 
this  act,  shall  be  fixed  by  the  common  council,  by  ordin- 
ance, subject  to  the  limitations  herein  prescribed. 

The  salaries  and  allowance  above  mentioned,  and  which 
shall  be  fixed  as  aforesaid  by  the  common  council,  shall 
be  accepted  by  such  officers  and  others,  respectively,  as 
their  sole  compensation  for  the  services  for  which  such 
salaries  are  allowed. 

As  amended  by  Section  45,  Chapter  324,  Laws  of  1882. 

Note. — Under  the  authority  granted  by  Section  10,  Chapter  378, 
Laws  of  1885,  the  common  council  has  passed  various  ordinances 


225  MILWAUKEE   CITY   CHARTER.  CHAP. 

16 

changing  the  compensation  of  officers  and  men  of  the  fire  and 
police  departments,  so  that  the  charter  salaries  for  those  depart- 
ments have  been  greatly  varied,  and  considerably  increased. 

Section  2.     All  salaries  paid  by  the  said  city  to  oflS-  salaries  paid 
cers  or  others   shall   be  payable  monthly,  at  the  end  of    monthly. 
each  and  every  month,  by  warrants  on  the  city  treasurer, 
signed  by  the  mayor  and  city  clerk,  and  countersigned 
by  the  comptroller. 

Section  3.     The  city  treasurer  shall  keep  an  accurate  Treasurer  to  keep 
account  of  all  moneys  received  by  him  for  fees,   commis-     account  of  fees, 
sions,  and  percentages,  which  he  is  required  by  section     coJJfJIJssfons^"^ 
thirty-six  of  chapter  eighteen  of  this  act,  to  pay  into  the     received. 
city  treasury  for  the  use  of  the  cit}^;  and  the  city  clerk 
and  the  city  attorney  shall  each  keep  a  like  account  of 
all  moneys  received  by  him  for  and  in  behalf  of  said  city; 
and  said  treasurer,  clerk  and  attorney  shall  each,  at  the  q^^  ^^^j,^^  ^^^  ^U 
end  of  each  and  every  three  months  during  his  term  of    attorney  to  pay 
ofl&ce,    pay    into    the    city    treasury    all    such    moneys     ©very  three 
remaining   in   his   hands,    and   file  a  transcript  of  such 
account  with  the  city  comptroller,   accompanied  by  his 
affidavit  that  the  same  is  a  just,  true  and  complete  account 
of  all  moneys  so  received  by  him  during  the  three  months 
then  next  preceding,  and  by  the  city  treasurer's  receipt 
showing  that  all  such  moneys  have  actually   been  paid 
into  the  city  treasury;  and  it  shall  not  be  lawful  for  the  guch  payments 
mayor,  city  comptroller,  or  common  council,  to  pass   or     how  enforced. 
settle  the  accounts,  or  to  order,  or  draw,   countersign  or 
deliver  any  warrant  for  the  payment  of  any  portion  of 
the  salary  or  allowance  of  either  of  said  officers,  after 
any  failure  by  him  to  file  such  verified  quarterly  trans- 
script  of  account  with   the   city  comptroller,  or  to  pay 
such  moneys  into  the  city  treasury  so  long  as  such  ofl&cer 
shall  continue  to  be  so  delinquent. 


Penalty  for  neglect 


Section  4.  If  either  said  treasurer,  attorney  or  clerk 
of  said  city,  shall  wilfully  neglect  or  violate  any  or  violation  of 
provision  or  requirement  of  the  preceding  section,  <'"*y- 
or  any  duty  therein  or  thereby  imposed  upon  him,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  five  hundred  dollars  nor  more  than  five  thousand 
dollars,  or  by  imprisonment  in  the  county  jail  of  said 
county  of  Milwaukee  not  less  than  two  months  nor  more 
than  one  year,  or  by  both  fine  and  imprisonment,  in  the 


CHAP.  MILWAUKEE   CITY   CHARTER.  226 

16 

discretion  ol  the  court;  and  it  shall  be  the  duty   of  the 

Council  shall  order  common    council    to   cause   an   action   to   be   forthwith 

actions  for  re-       commenced  and  prosecuted  to  final  judgment  against  such 

covery  of  moneys.   ^^^^^  ^^^  ^^^  sureties  on  his  official  bond,  if  any,  for  the 

recovery  of  all  moneys  in  his  hands,  which,  by  the  terms 

of  the  preceding  section,  and  the  section  therein  referred 

to,  he  is  required  to  pay  into  the  city  treasury.     In  case 

said  common  council  shall  neglect  to  cause  such  action  to 

be  commenced  within  thirty  days  after  any  delinquency 

shall  occur  in  the  payment  of  any  moneys  required  to  be 

paid   into   the   city  treasury  by  any  officer    under   said 

sections,  such  action  may  be  brought  and  prosecuted  by 

Any  taxpayer  may  ^^^Y  taxpayer  of  the  said  city,  in  the  name  and  for  the 

commence  the       benefit  of  said   city;    provided,  that  before  commencing 

bond."    "       '"^  such  action,  a  bond  to  said   city  shall  be  executed  and 

filed  in  the  office  of  the  city  comptroller,  in  the  penal 

sum    of    five   hundred   dollars,    with   sufficient   sureties 

approved  by  the  judge  of  the  circuit  court  of  said  county 

of  Milwaukee,  conditioned  to  pay  all  costs  and  damages 

which  may  be  recovered  against  said  city  in  such  action, 

and  to  indemnify   the   city   against   any   and   all   costs, 

expenses  and  damages  by  reason  of  said  action;  and  such 

action  when  so  commenced  by  a   taxpayer  shall   not  be 

subject  to  the  control  or  management  of  said  city  or  of  any 

officer  thereof. 


CHAPTER  XVII. 

FINANCE   AND   TAXATION. 

Section  1.  All  funds  in  the  city  treasury,  except 
drawn  and  signed,  school  funds  and  the  fund  created  and  set  apart  for  the 
payment  of  interest  and  principal  of  the  funded  debt  of 
said  city,  shall  be  under  the  control  of  the  common 
council  and  shall  be  drawn  out  upon  the  order  of  the 
mayor  and  clerk,  duly  authorized  by  vote  of  the  common 
council  and  countersigned  by  the  city  comptroller,  except 
in  the  cases  in  this  section  mentioned,  to- wit:  The 
common  council  may  provide  by  ordinance  for  the 
Monthly  pay-rolls.  Payment  of  such  persons  as  may  be  employed  by  the 
board  of  public  works  and  by  the  fire  and  police  depart- 
ments or  by  the  common  council  in  the  service  of  the  city, 
upon  monthly  pay-rolls,  and  shall  prescribe  the  form  of 
such  pay-rolls  and  the  manner  in  which  the  same  shall 
be    certified,    audited,    approved,    and    payment    made 


227  MILWAUKEE  CITY  CHARTER.  CHAP. 

17 

thereon;  provided,  that  such  pay-rolls  shall   in  all  cases 

be  certified  by  the  board  of  public  works  or  chiefs  of  the 

fire  and  police  departments   as   the   case   may    be,  and 

countersigned  by  the  city  comptroller.     All  orders  drawn 

upon  the  treasury  shall  specify  the  purposes  for  which   Orders  to  specify. 

they  were  drawn  and  shall  be  drawn  payable  generally 

out  of  any  funds  in  the  treasury  belonging  to  the   city 

and  not  otherwise  appropriated,  and  all  such  orders  shall 

be  received  in  payment  of  any  tax   or  assessment  levied 

by  the  authority  ot  the  city,  except  the  tax  for  interest 

and  the  sinking  fund.     All  orders  shall  be  payable  to  the  Orders 

order  of  the  person  in  whose  favor  they  may  be  drawn     '"'^"Sterable. 

and  shall  be  transferable  by  indorsement.     Certificates 

issued  in  payment  for  work  done  or  improvements  made  certificates  receiv- 

chargeable  specially  to  lots,  parts  of  lots  or  parcels  of    able  for  special 

land    shall   be   receivable   for   the   special   taxes   levied         ®^' 

therefor  upon  such  lots,  parts  of  lots  or  parcels  of  land 

respectively. 

As  amended  by  Chapter  144,  Laws  of  1875,    also  amended  by 
Chapter  19,  Laws  of  1889. 


CHAPTER    170,    LA'WS    OF    1889. 
The  provisions  of  chapter  19,  of  the  laws  of  Wisconsin,  of  the    .        .       .  . 
year  1889,  shall  not  apply  to  the  funds  appropriated  to  the  public     cliaoter  1 9   laws 
library  and  public  museum  of  the  city  of  Milwaukee,  the  trustees      1889. 
of  which  institution  shall  have  charge  of  the  funds  thereof  to  the 
same  extent  as  if  said  chapter  had  never  been  enacted. 

Section  2.     The  common  council  of  said  city  shall   Levy  for  general 
have  power  to  levy  annually,  for  the  general  city  fund,     city  fund. 
exclusive   of  the  amounts  required  for  the   support   of 
schools,  and  for  the  payment  of  interest  and  principal  on 
the   funded   debt   of  the   city,  and   other   special   funds 
authorized  by  law,  a  sum  not  exceeding  six  mills  on  the 
dollar  of  the  total  assessed  valuation  of  all  property,  real 
and  personal,  in  said  city  subject  to  taxation;  also  for 
contingent  fund  a  sum  not  exceeding  one-half  of  one  Contingent  fund. 
mill  on  the  dollar  of  such  assessed  valuation;  also  for 
a  sewerage  fund  in  each  sewerage  district,  a  sum  not 
exceeding  one  and  one-half  mills  upon  the  dollar  of  the 
total  assessed  valuation  of  all  property,  real  and  personal, 
in  such  sewerage  district  subject  to  taxation;  also  for  the 
special  sewerage  fund  for  said  city,  a  sum  not  exceeding 
one  mill  upon  the  dollar  of  the  total  assessed  valuation  Special  sewerage 
of  property,  real  and  personal,  in  said  city,  subject  to     *""^- 


CHAP.  MILWAUKEE   CITY   CHARTER.  228 

17 

Ward  fund.  taxation;  also,  for  a  fund  for  ward  purposes  in  each  ward, 

a  further  sum  not  exceeding  six  mills  upon  the  dollar  of 
the  total  assessed  valuation  of  all  property,  real  and 
personal,  in  such  ward,  subject  to  taxation;  and  also  for 

School  fund.  the  support  of  all  the  public  schools  in  said  city,  including 

the  high  school,  for  the  next  fiscal  year,  a  further  sum 
not  exceeding  three  and  one-half  mills  upon  the  dollar  of 
the  total  assessed  valuation  of  all  property,  real  and 
personal,  in  said  city  vSubject  to  taxation;  provided,  how- 
ever, whenever  the  comptroller  and  board  of  public  works, 
to  meet  current  and  necessary  ward  expenses,  shall  deem 
it  necessary  or  expedient  for  the  common  council  to  levy 
a  larger  amount  than  six  mills  upon  the  dollar  as  afore- 
said, in  any  ward  for  a  ward  fund  as  aforesaid,  and  shall 
so  certify  to  the  common  council  on  or  before  the  first 
day  of  July  in  any  year,  it  shall  be  competent  for  the 
common  council  to  levy  for  a  ward  fund  in  any  such 
ward,  in  any  such  year,  a  percentage  upon  the  dollar  of 
the  total  assessed  valuation  of  all  property,  real  and 
personal,  in  such  ward  subject  to  taxation,  not  exceeding 
ten  mills;  provided,  also,  that  the  percentage  which  shall 

Levy  not  to  exceed   ^^  levied  in  each  ward  for  ward  purposes  shall  in  no  case 
estimates.  exceed  the  amount  estimated  and  required  by  the  comp- 

troller and  board  of  public  works;  and,  provided  further, 
that  the  aggregate  amount  of  general  taxes  for  all 
purposes  levied  by  the  common  council  and  collected 
upon  the  city  tax  roll  for  municipal  purposes  under  this 
section  inclusive  of  taxes,  for  the  support  of  the  public 
library  and  the  public  museum  and  for  the  payment  of 
principal  and  interest  of  the  funded  debt  of  the  city,  but 
not  inclusive  of  the  tax  for  the  support  of  schools,  shall 
not,  in  the  whole,  for  any  one  year,  exceed  fourteen  (14) 
mills  on  the  dollar  of  the  total  valuation  of  property, 
real  and  personal,  in  said  city  subject  to  taxation;  and 
also  provided,  that  it  shall  not  be  lawful  for  the  county 
board  of  supervisors  of  Milwaukee  county,  in  determining 
the  amount  to  be  raised  by  tax  in  the  city  of  Milwaukee 
for  the  support  of  common  schools  therein,  for  any  year, 
to  fix  an  amount  greater  than  the  amount  apportioned  to 
said  city  in  the  last  apportionment  of  the  income  of  the 
school  fund  of  the  state. 

As  amended  by  Chapter  310,  Laws  of  1883. 

Section  3.     It  shall    be    the    duty    of  the  common 
council,  before  the  first  day  of  February  in  each  year,  to 


229  MILWAUKEE  CITY  CHARTER.  CHAP. 

17 

estimate,  and  by  resolution  determine  what  sums,  in  their  Annual  estimates 
judgment,  will  be  required  to  meet  the  expenses  and  dis-  |{|sburs^"^^V"^ 
bursements  of  said  city  for  the  current  fiscal  year, 
specifying  in  such  resolution  the  sum  required  for  each 
of  the  several  funds  authorized  or  created  by  law;  and 
it  shall  not  be  lawful  for  said  city  to  expend  or  contract 
a  liability  for  any  sum  in  excess  of  the  amount  so  deter- 
mined, on  account  of  either  or  any  of  the  funds  of  said 
city,  except  on  the  written  recommendation  of  some 
department  of  the  city  government,  specify  ing  the  reasons 
for  such  increased  expenditure,  which  must  be  approved 
by  a  vote  of  three-fourths  of  the  members  elect  of  the 
common  council.  No  debt  or  liability  on  the  part  of 
said  city  shall  be  contracted  or  created  by  any  officer, 
board  or  department  of  said  city,  or  by  any  subordinate 
or  employe  in  the  service  of  the  city,  in  excess  of  the 
amount  so  determined  and  approved  by  the  common 
council,  on  account  of  either  or  any  of  the  funds  of  the 
said  city,  and  every  officer  and  employe  of  the  city  who 
shall  participate  in  a  violation  of  this  section  shall  be 
personally  liable  to  the  city  for  all  loss  and  damages 
resulting  from  such  violation. 

Section  4.     All  election  expenses  for  city,  ward,  or  Election  expenses, 
general  elections,  shall  be  chargeable  to  the  ward  fund  of 
the  proper  ward. 

Section  5.     The   common  council  shall  have  power  contingent  fund, 
to    appropriate    sums,    from   time   to    time,  out   of  the     how  appropriated. 
contingent  fund,  by  a  vote  of  at  least  three-fourths  of  all 
the  aldermen  elect,  for  any  purpose  or  purposes  which 
they   shall   declare,  by  their  resolution,  to  be  a  proper 
expense  to  be  defrayed  by  the  said  city. 

Section  6.  As  often  as  the  common  council  shall  Qj^y  depository. 
think  best  for  the  safety  or  interest  of  the  city,  they  shall 
select  some  bank  or  banks,  or  banking  associations, 
with  which  all  funds  in  the  treasury  of  the  city,  or  which 
shall  be  thereafter  collected  or  received  by  the  treasurer, 
shall  be  deposited;  provided,  however,  that  such  bank, 
banks,  or  banking  associations  so  selected  shall,  before  gj^^n  j^g  ^^^^ 
receiving  such  funds,  give  securety  in  the  same  manner 
as  is  now  required  of  the  treasurer  of  said  city,  for  the 
safe  keeping  and  proper  distribution  of  such  funds,  which 
security  shall  be  approved  by  the  common  council. 


CHAP. 

17 

Treasurer's  weekly 
statement. 


MILWAUKEE  CITY   CHARTER. 


230 


His  liability. 


Funds,  how  drawn. 


Balance  in 
treasury. 


Interest  on 
deposits. 


Limiting  city 
treasurer. 


Common  council 
may  borrow  on 
notes  of  city. 


Section  7.  The  city  treasurer  shall  render  weekly 
statements  to  the  common  council  of  the  amounts  received 
and  disbursed  by  him;  and  the  balance  over  five  thousand 
dollars  on  hand  in  the  treasury,  at  the  end  of  each 
week,  shall  be  deposited  with  the  bank  or  banks,  or 
banking  associations  so  selected,  it  or  they  giving  proper 
vouchers  therefor.  From  the  time  of  so  depositing  such 
funds,  the  said  treasurer  shall  be  relieved  from  all  liability 
to  the  city,  arising  from  the  failure  of  the  bank  or 
banks,  or  banking  associations,  safely  to  keep  said  funds. 
Such  funds  shall  be  drawn  out  only  upon  the  check  of 
the  said  treasurer,  countersigned  by  the  comptroller  of 
said  city. 

Section  8.  The  treasurer  and  comptroller  may,  when- 
ever the  balance  in  the  treasury  does  not  amount  to  five 
thousand  dollars,  increase  it  by  their  check,  as  aforesaid, 
in  favor  of  the  treasurer.  The  true  object  of  this  is  to 
enable  the  treasurer  to  have  funds  under  his  control  with 
which  to  pay  such  demands  upon  the  treasury  as  he  is, 
or  shall  be  required  by  law  to  pay. 

Section  9.  The  common  council  may,  before  or 
after  so  selecting  a  depository  or  depositories,  contract 
with  such  bank  or  banks,  or  banking  associations,  that 
it  or  they  shall  pay  to  the  city  such  interest  upon  said 
funds,  so  to  be  deposited,  as  they  may  mutually 
agree  upon. 

Section  10.  Nothing  in  this  act  contained  shall  be 
so  construed  as  to  authorize  the  treasurer  to  apply  funds 
so  retained  by  him,  or  so  to  be  drawn  from  the  bank  on 
his  check  countersigned  by  the  comptroller,  to  purpos.es 
other  than  those  to  which  the  same  funds  are  appro- 
priated by  law.  The  common  council  may  at  any 
time  when,  in  their  opinion,  the  safety  or  interests  of  the 
city  require  it,  direct  all  sums  so  deposited,  to  be  paid 
into  the  treasury  of  the  city,  or  to  such  other  bank  or 
banks  as  they  may  select  under  the  law. 

Section  11.  The  common  council  may  from  time  to 
time  borrow  upon  the  notes  of  the  city,  signed  by  the 
mayor  and  city  comptroller,  such  sums  of  money,  in 
anticipation  of  the  incoming  taxes  of  the  year,  as  they 
shall  deem  necessary  to  pay  accruing  interest  on  the 
funded  debt,  and  to  meet  the  current  expenses  of  the  city. 


231  MILWAUKEE   CITY   CHARTER.  C"*P- 

17 

All  such  notes  shall  be  paid  out  of  the  taxes  of  the  current 
year,  at  such  time  as  may  be  agreed  on — not  later  than 
the  first  day  of  February  next  following  their  date.  And 
the  said  common  council  may  provide  by  resolution  at 
any  time  for  receiving  moneys  into  the  city  treasury  in 
advance  payment  of  the  taxes  of  the  current  year,  and 
for  the  payment  of  interest  thereon,  at  a  rate  not  exceed- 
ing seven  per  cent,  per  annum  from  the  time  of  the 
receipt  of  such  taxes  until  the  15th  day  of  January  next 
ensuing  and  no  longer.  The  receipts  given  by  the 
treasurer  ©f  the  city  for  such  advance  payment  shall  be 
countersigned  by  the  city  comptroller,  and  the  excess  of 
such  advances,  if  any,  over  the  amount  of  taxes  of  the 
year,  payable  by  the  party  making  the  same  shall  be 
returned  to  such  party  with  the  interest  thereon,  between 
the  15th  and  31st  days  of  January  next,  after  the  making 
of  the  same. 

Section  12.     At  the  first  meeting  of   the  common  List  of  payees  of 
council  succeeding  the  charter  election  in  each  year,  the     unclaimed  city 
city  clerk  shall  prepare  and  present  to  the  common  council, 
a  descriptive  list,  giving  the  dates,  amounts  and  names 
of  payees   of   all  city  orders  drawn,   which  shall  have 
remained  in  his  office  three  years  uncalled  for  by  such 
payees.     The  common  council  shall  cause  such  orders  to  Limiting  time  for 
be  compared  with  such   list,  and   when   found   or   made     "ew  orders. 
correct,  such  list  shall  be  filed  and  preserved  in  the  ofiice 
of  such  clerk,  and  a  copy  thereof,  duly  certified  by  said 
clerk,  shall  be  delivered  by  him  to  the  comptroller,  and 
all  such  orders  shall  be  cancelled  and  destroyed.     The 
person  entitled  to  any  such  order  may,  upon  application 
to  the  common  council,  have  a  new  order  issued  to  him 
for  the  amount  named  in  the  original  order  so  canceled, 
without  interest,  at  any  time  within  six  years  from  the 
date  of  such  original  order,  and  not  afterwards. 


CHAPTER    161,    LAWS    OF    1889. 

Section  1.     It  shall  be  lawful  for  the  common  council  of  the    . , „i  x^  lu^ 

^      .,        ,  .,       .  ,      ,  ,     .  ,         ,.  Amendment  to  the 

city  of  Milwaukee  to  provide,  either  by  resolution  or  by  ordinance,      charter  of  Mil- 

for  the  appointment  by  the  city  treasurer,  subject  to  confirmation     waul(ee  relating 
by  the  council,  of  such  number  of  deputies  as  the  council  may  at     to  the  collection 
any  time  determine  to  be  necessary,  and  each  deputy  so  appointed     ®'  taxes. 
shall,  before  entering  upon  his  duties,  take  the  oath  required  of 
the  city  officers  and  give  such  official  bonds  as  the  common  council 
may  require.     Each  deputy  so  appointed  shall  receive  such  com- 
pensation or  salary  as  the  common  council  shall  determine.    Each 


CHAP. 

17 


MILWAUKEE   CITY   CHARTER. 


232 


Tax  districts. 


Tax  roll  may  be 
bound  in  volumes. 


Duplicate  tax  roll. 


Salary  of  city 
treasurer. 


such  deputy  shall  have  authority  to  collect  and  receive  any  and  all 
taxes  and  other  moneys  which  the  treasurer  is  authorized  to  collect 
and  receive,  and  receipt  for  any  such  moneys,  signed  by  any  such 
deputy,  shall  have  the  same  force  and  effect  for  all  purposes  as  if 
signed  by  the  city  treasurer. 

Section  2.  It  shall  be  lawful  for  said  common  council,  when- 
ever it  shall  be  for  the  convenience  of  the  public  to  do  so,  to  divide 
the  city  in  two  or  more  districts  for  the  purpose  of  collecting 
taxes,  and  to  direct  that  the  taxes  upon  real  estate  in  each  district, 
and  upon  personal  property  of  owners  residing  in  each  district 
may  be  paid  to  and  received  by  the  treasurer  or  by  a  deputy  at  a 
particular  place  either  within  said  district  or  without  said  district, 
to  be  specified  by  the  council  and  mentioned  in  the  notice  required 
to  be  published  by  the  treasurer  upon  the  receipt  of  the  tax  roll 
All  sales  of  real  estate  in  case  of  the  non-payment  of  taxes  thereon, 
shall  be  made  at  the  treasurer's  office  as  heretofore. 

Section  3.  It  shall  be  lawful  for  the  common  council  of  said 
city  to  cause  the  tax  roll  of  said  city  to  be  so  made  out  that  it  may 
be  bound  in  two  or  more  volumes  so  that  the  different  volumes 
shall  contain  the  descriptions  of  the  real  estate  situated  in  the 
different  districts,  and  the  taxes  thereon,  and  the  names  of  the 
owners  of  personal  property  residing  in  the  different  districts,  and 
the  taxes  thereon.  Each  of  said  volumes  shall  be  so  numbered  or 
paged  that  it  may  be  designated  and  referred  to  by  number  or 
pages,  or  by  both,  in  the  warrant  and  in  the  clerk's  certificate, 
which  are  attached  or  appended  to  the  tax  roll  as  required  by 
law,  or  the  warrant  and  certificate  may  be  attached  to  each  such 
volume. 

Section  4,  Whenever  the  common  council  of  said  city  shall 
direct  the  tax  roll  for  any  year  to  be  made  out  so  as  to  be  bound  in 
two  or  more  volumes,  as  provided  in  the  preceding  section,  it  shall 
be  lawful  for  the  city  clerk  of  said  city,  and  it  shall  be  his  duty  to 
make  out  in  the  same  manner  the  duplicate  tax  roll  containing  the 
state,  county  and  school  taxes,  as  required  by  law. 

Section  5.  The  salary  of  the  city  treasurer  shall  be  five  thous- 
sand  dollars  a  year,  and  he  shall  not  be  held  responsible  for 
any  funds  deposited  by  him  in  any  bank  designated  as  the  city 
depository. 

Section  6.  This  act  shall  be  taken  and  held  to  be  an  amend- 
ment to  the  charter  of  the  city  of  Milwaukee,  and  shall  be  in  force 
from  and  after  its  passage  and  publication. 


Taxation  limited  to 
two  per  centum. 


CHAPTEK    302,    LAWS    OF    1881. 

AN  ACT  to  restrict  taxation  in  the  city  of  Milwaukee. 

Section  1.  The  aggregate  amount  of  taxes  levied  or  collected 
from  the  taxable  property  of  any  ward  in  the  city  of  Milwaukee, 
for  any  one  year,  for  all  purposes,  including  state,  county,  city, 
school,  ward,  special,  and  all  other  taxes,  shall  not  exceed  two  per 
centum  of  the  assessed  valuation  of  all  the  real  and  personal  prop- 
erty of  said  ward,   provided,  that  whenever,  in  any  year,   three- 


233 


MII^WAUKEE  CITY   CHARTER. 


CHAP. 

17 


fourths  of  all  the  members  of  the  common  council  of  said  city,  shall 

declare  by  resolution,  that  an  urgent  public  necessity  exists  for  a 

larger  aggregate  amount  of  taxation,  than  would  be  derived  from 

the  taxable  property  of  said  city  under  the  limitations  hereinbefore 

prescribed,  then  and  in  that  case,  the  aggregate  amount  of  said 

taxes  levied  and  collected  from  the  taxable  property  of  the  several    Exception. 

wards  in  said  city,  for  said  years,  may  be  increased  to  an  amount 

not  exceeding  two  and  one-half  per  cent,  of  the  assessed  valuation 

of  all  the  real  and  personal  property  in  any  ward  of  said  city. 

Section  2.  This  act  is  hereby  declared  to  be  an  amendment 
of  the  charter  of  said  city,  and  all  acts  or  parts  of  acts  contrary  to 
the  provisions  of  this  act,  so  far  as  they  conflict  herewith,  are 
hereby  repealed. 


CHAPTER   87,    LAWS    OF    1861. 

AN  ACT  to  enable  the  city  of  Milwaukee  to  re-adjust  its  corporate 
debts. 

Section  1.     The  city  of  Milwaukee  is  hereby  authorized   (by    q\\«  [^ay  issue 
ordinance,  and  with  the  approval  of  the  commissioners  of  the  public     bonds. 
debt),  to  issue  new  bonds  to  the  amount,  and  for  the  purposes 
following,  that  is  to  say : 


First.  For  re-adjusting  its  bonded  debt,  incurred  for  strictly 
municipal  purposes,  and  of  retiring  all  its  outstanding  bonds,  exept 
those  which  were  issued  to  aid  in  the  construction  of  railroads,  to 
any  amount  not  exceeding  the  amount,  including  principal  and 
interest  up  to  June  1,  1861,  of  the  municipal  bonds  so  to  be  retired, 
and  not  exceeding  eight  hundred  and  twenty-five  thousand 
dollars. 

Second.  For  the  purpose  of  funding  and  retiring  all  city  orders, 
city  notes,  treasury  warrants  and  school  orders,  which  shall  have 
been  issued  prior  to  February  1,  1861,  and  all  judgments  now 
existing  against  the  city,  and  all  claims  against  the  city  heretofore 
acknowledged  and  liquidated,  whether  secured  or  not  (except 
bonds  and  coupons  thereon)  to  any  amount  not  exceeding  the 
aggregate  amount  (including  principal  and  interest  up  to  June 
1,  1861),  of  all  such  notes  and  other  debt,  (except  bonds  and 
coupons  as  above),  and  not  exceeding  three  hundred  and  twenty 
thousand  dollars. 

Section  2.  All  the  bonds  issued  under  this  act  shall  be 
numbered  consecutively  from  No.  1,  upwards  in  the  order  in  which 
they  shall  issue.  Each  and  every  bond  so  issued,  shall  show  on 
its  face  for  which  of  the  purposes  mentioned  in  section  one  of  this 
act,  it  was  issued.  A.n  accurate  account  shall  be  kept  by  the 
comptroller  or  by  such  other  ofiicer  as  shall  be  appointed  by  law 
for  that  purpose,  of  the  issue  of  all  such  bonds,  of  their  numbers  and 
of  the  particular  purpose,  as  above  described,  for  which  each  bond 
is  issued.  Such  bonds  shall  be  issued  and  used  solely  and  only  for 
the  purposes  in  section  one  of  this  act  described,  and  in  amount 
shall  not  exceed  the  limit  fixed  in  said  section  one^  for  any  one  of 
the  purposes  so  enumerated. 


For  what  purposes. 


Ibid. 


Bonds — how  num- 
bered, what  to 
show,  and  ac- 
count of  them 
kept. 


CHAP. 

17 

How  signed,  where 
and  when  pay- 
able, interest,  etc. 


MILWAUKEE   CITY   CHARTER. 


234 


Annual  tax  for 
interest 


Commissioners  of 
public  debt 


Their  duty. 


Section  3.  All  bonds  issued  under  this  act  shall  be  signed  by 
the  mayor,  countersigned  by  the  comptroller,  and  attested  by  the 
commissioners  of  the  public  debt,  and  shall  in  terms  be  made 
payable  in  the  city  of  New  York,  and  all  such  bonds  shall  be 
payable  at  the  end  of  thirty  years  from  the  date  thereof,  and 
shall  each  be  for  the  principal  sum  of  either  one  thousand 
dollars,  or  five  hundred  dollars.  The  commissioners  of  the 
public  debt  may,  however,  to  facilitate  exchanges,  issue 
certificates  or  scrip,  countersigned  by  the  comptroller,  for 
smaller  sums,  in  exchange  for  which  bonds  of  the  denomina- 
ations  above  mentioned  may  be  given  at  par.  No  bond 
issued  under  this  act  shall  bear  a  greater  interest  than  at  the  rate 
of  five  per  centum  per  annum,  and  no  new  bonds  so  to  be  issued 
shall  be  exchanged  for  old  bonds  or  other  evidence  of  debt  at  less 
than  par,  or  dollar  for  dollar,  except  that  in  cases  where  they  shall 
be  issued  and  given  to  retire  old  bonds  which  bear  ten  per  cent, 
interest,  or  such  as  are  now  secured  by  collateral  pledge  or  deposit, 
the  commissioners  may  in  their  discretion  add  to  the  principal 
sum  of  bonds  so  given,  such  amount  as  they  shall  deem  equitable 
and  I'ust  by  reason  of  the  circumstances  last  named. 

Section  4.  A  tax  upon  all  taxable  property  of  said  city  shall 
be  annually  levied  and  collected,  commencing  with  the  year  1861, 
sufficient  in  amount  to  pay  annual  interest  at  the  rate  provided  in 
the  section  last  above,  upon  the  amount  of  all  bonds  authorized  by 
this  act  to  be  issued  for  the  purpose  specified  in  section  one 
hereof,  and  in  addition  thereto  for  sinking  fund  upon  the  same 
amount  for  each  of  the  first  five  years  after  1860,  one-half  of  one  per 
centum  and  for  each  year  thereafter  one  per  centum  per  annum, 
until  all  of  the  bonds  issued  under  this  act  shall  have  been  satisfied 
or  provided  for;  and  so  much  of  the  tax  so  levied  for  interest  as 
shall  not  be  required  for  that  purpose,  from  year  to  year,  as  bonds 
shall  be  gradually  retired,  shall  be  added  to  and  considered  part 
of  the  sinking  fund. 

Section  5.  On  or  before  May  1st,  A.  D.  1861,  three  persons  to 
be  styled  "commissioners  of  the  public  debt,"  shall  be  appointed, 
whose  term  of  office  shall  be  respectively  for  one,  two  and  three 
years,  as  the  mayor  shall  indicate  in  their  appointment.  Such 
commissioners  shall  continue  while  any  of  the  bonds  to  be  issued 
under  this  act  shall  be  outstanding  and  unprovided  for,  and  except 
in  the  case  of  two  of  those  first  appointed  as  aforesaid,  their  term 
of  office  shall  be  three  years,  and  each  shall  hold  over  till  his 
successor  is  appointed  and  qualified.  The  appointment  of  such 
commissioners,  whether  for  full  terms  or  for  vacancies,  shall  be 
made  by  the  mayor  within  one  month  after  the  expiration  of  their 
term  of  office,  or  after  any  vacancy  shall  occur,  with  the  approval 
of  the  common  council,  and  their  duty  shall  be  to  superintend  the 
execution,  issue  and  use  of  the  bonds  to  be  issued  under  this  act, 
and  the  levy,  collection  and  disbursement  of  the  tax  herein 
provided  for,  for  interest  and  sinking  fund. 


How  tax  for  inter-  Section  6.  The  commissioners  of  the  public  debt  shall,  at 
est  and  sinking  least  ten  days  before  the  levy  of  general  city  taxes  in  each  year, 
fund  to  be  levied,    certify    to    the    common    council  the    amount   necessary  to    be 


235  MILWAUKEE   CITY   CHARTER.  CHAP. 

17 

levied  that  year  for  interest  and  sinking  fund.  It  shall  be  the 
duty  of  the  common  council  to  levy  the  tax  for  interest  and  sink- 
ing fund.  It  shall  be  the  duty  of  the  common  council  to  levy  the 
tax  for  interest  and  sinking  fund  in  this  act  provided  for,  to  the 
amount  so  certified  by  the  commissioners,  at  the  same  time  in  each 
year  that  the  common  council  levy  the  tax  for  general  city 
purposes;  and  if  they  refuse  or  neglect  to  do  so  in  any  case  for 
five  days  after  the  levy  of  the  tax  for  general  city  purposes,  the 
commissioners  of  the  public  debt  shall  levy  the  same  and  certify 
the  amount  thereof  forthwith  to  the  city  clerk;  and  if  the  commis- 
sioners should  likewise  fail  to  levy  such  tax  for  interest  and 
sinking  fund  within  ten  days  after  the  levy  of  the  general  city 
taxes  in  any  year,  then  the  judge  of  any  court  of  record  of  Mil- 
waukee county,  either  in  term  time  or  in  vacation,  either  in  open 
court  or  at  chambers,  may,  upon  summary  application  of  any 
holder  or  holders  of  bonds  issued  under  this  act,  to  the  amount  of 
ten  thousand  dollars  or  more,  by  order,  levy  such  tax  to  such 
amount  as  he  shall  deem  necessary,  and  to  certify  the  amount 
thereof  to  said  city  clerk,  who  shall  in  all  cases  cause  such  tax, 
however  levied,  to  be  extended  upon  the  tax  lists  in  like  manner 
as  other  taxes  levied  by  the  common  council,  but  in  a  separate 
column,  suitably  marked  to  distinguish  the  same.  Audit  shall  be 
the  duty  of  the  treasurer,  or  other  collector  of  taxes,  to  proceed 
to  collect  and  enforce  such  tax  in  the  same  manner  as  other 
general  city  taxes  are  collected  and  enforced  by  law.  In  fixing 
the  amount  of  the  treasurer's  bond,  at  the  beginning  of  his  term 
of  office,  the  fact  that  he  has  to  collect  this  tax  for  interest  and 
sinking  fund,  shall  be  taken  into  consideration. 


How  collected. 


Money  only  to  be 


Section  7.  Money  only  shall  be  received  by  the  treasurer  or 
other  collecting  officer,  in  payment  of  said  tax  for  interest  and  received. 
sinking  fund,  and  the  same  shall  be  kept  in  and  disbursed  from 
the  treasury  strictly  as  a  separate  and  distinct  fund,  not  subject  to 
the  order  or  disposal  of  the  common  council,  and  shall  be  paid 
out  only  upon  orders  signed  by  the  mayor,  countersigned  by  the 
comptroller,  and  approved  in  writing  by  a  majority  of  the  com- 
missioners of  the  public  debt,  specifying  the  purpose  for  which 
the}^  are  drawn;  and  such  moneys  shall  be  drawn  out  only  for  the 
purpose  of  paying  interest  on  bonds  issued  under  this  act,  and  for 
retiring  such  bonds  in  the  manner  hereinafter  provided.  The 
commissioners  of  the  public  debt  shall  fix  their  own  times  of  lyfnotjnas  of  the 
meeting  and  the  mode  of  calling  their  meetings.  The  action  of  a  commissioners. 
majority  of  them  shall  be  deemed  the  action  of  the  commissioners. 
They  shall  transact  all  their  business  at  the  office  of  the  comp- 
troller, and  that  officer  shall  be  ex-officio  the  secretary  of  the 
commissioners,  and  shall  preserve  a  full  record  of  all  their 
proceedings. 

Section  8.  If  upon  the  sale  of  any  property  for  delinquent  QgHnqugnj  j^xes. 
taxes,  the  city  shall  become  the  purchaser,  it  shall  appropriate 
and  add  the  amount  of  that  portion  of  such  delinquent  tax  which 
shall  have  been  levied  under  this  act  for  interest  and  sinking  fund, 
to  the  fund  raised  under  this  act  for  interest  and  sinking  fund,  out 
of  the  first  moneys  which  shall  be  or  come  into  the  treasury  from 
any  source  whatever. 


CHAP. 
17 

Treasurer  to 
to  commis- 
sioners. 


MILWAUKEE   CITY   CHARTER. 


236 


report 


Cancellation  of 
bonds. 


When  bonds  to 
cease  to  draw 
interest. 


Section  9.  The  city  treasurer  shall,  every  year,  immediately 
after  the  sale  of  land  for  delinquent  taxes,  and  whenever  else  he 
shall  be  thereto  requested  by  the  commissioners  of  the  public  debt, 
in  addition  to  any  other  report  which  he  shall  be  required  by  law 
to  make,  report  to  said  commissioners  the  condition  of  the  interest 
and  sinking  fund,  embracing  a  statement  of  all  sums  collected  and 
held  or  disbursed  by  him  for  that  fund;  and  no  settlement  by  the 
treasurer  with  the  common  council  as  to  that  fund,  shall  be  of  any 
validity  unless  confirmed  by  said  commissioners. 

Section  10.  Once  in  each  year,  immediately  after  the  coming 
in  of  the  report  mentioned  in  the  last  section,  the  commissioners 
of  the  public  debt  shall  cause  notice  to  be  given  by  the  comp- 
troller or  otherwise,  by  publication  in  one  daily  newspaper 
printed  in  the  city  of  New  York,  and  one  daily  newspaper  printed 
in  the  city  of  Milwaukee,  each  of  general  circulation,  for  twenty 
days  at  least,  of  the  time  and  place  of  receiving  bids  or  proposals 
from  bond-holders  to  surrender  their  bonds  for  cancellation  on 
payment  out  of  the  sinking  fund,  the  manner  of  directing  such 
proposals,  and  such  other  things  as  the  commissioners  shall  direct 
to  be  inserted  in  such  notice.  The  proposal.*;  received  shall  be 
opened  by  the  commissioners  of  the  public  debt,  in  the  presence 
of  the  mayor  and  of  such  other  persons  as  shall  choose  to  attend, 
and  the  lowest  rates  oflfered,  provided  the  same  be  at  or  below  par, 
shall  be  accepted  to  the  extent  of  the  fund  on  hand  to  pay  the 
same  at  those  rates,  on  being  surrendered  for  cancellation.  When 
the  fund  shall  not  be  sufficient  to  pay  all  the  bonds  which  are 
offered  at  equal  rates  and  lower  than  all  the  others,  the  commis- 
sioners shall  select  at  once  and  publicly,  as  aforesaid,  among  those 
bonds  by  lot,  so  many  as  they  shall  then  have  the  means  to  pay.  In 
case  any  parties,  whose  proposals  shall  be  accepted,  shall  not 
within  such  reasonable  time  as  the  commissioners,  with  the 
approval  of  the  mayor,  shall  fix,  surrender  their  bonds,  the  commis- 
sioners may,  with  the  approval  in  writing  of  the  mayor,  accept  the 
next  best  proposals,  provided  they  are  below  par,  or  they  may 
advertise  and  proceed  throughout  anew,  in  the  manner  provided 
in  this  section,  and  so  in  like  manner  again  and  again,  as  often 
as  the  last  named  contingency  shall  arise.  All  bids  or  proposals 
by  bond  holders,  under  this  section,  shall  particularly  specify  the 
numbers  of  the  bonds  so  proposed  to  be  retired,  and  shall  be 
accompanied  by  a  certificate  in  each  case  of  the  president  or 
cashier,  of  some  reputable  bank,  or  of  some  person,  in  either  case 
to  be  approved  by  the  commissioners  of  the  public  debt,  to  the 
effect  that  the  bonds  specified  in  such  bid  are  all  deposited  in  such 
bank  or  with  such  person,  and  will  be  delivered  up  for  cancellation, 
if  such  bid  shall  be  accepted  by  the  commissioners. 

Section  11.  In  any  case  when  no  proposals,  or  not  sufficient 
in  amount  to  consume  the  moneys  on  hand  belonging  to  the 
sinking  fund  shall  be  received  to  retire  bonds  at  or  below  par,  the 
commissioners  may  advertise  and  proceed  throughout  again  as 
provided  in  the  last  section  above,  or  with  the  approval  of  the 
mayor,  shall  in  their  discretion,  determine  by  lot  publicly,  as 
aforesaid,  which  bond  shall  be  paid  out  of  the  moneys  then  in  the 
sinking   fund   at   par,    including   interest,    and   shall   notify   the 


237  MILWAUKEE   CITY   CHARTER.  CHAP. 

17 

holders  of  their  readiness  to  pay  the  same,  by  advertisement  for 
twenty  days  in  one  daily  newspaper  printed  in  the  city  of  New 
York,  and  one  daily  newspaper  printed  in  the  city  of  Milwaukee, 
each  of  general  circulation,  and  trom  the  time  of  the  completion 
of  such  notice  in  both  papers,  such  bonds  so  determined  by  lot, 
shall  cease  to  bear  interest,  unless  the  city  shall  neglect  to  pay 
the  same  for  ten  days  after  payment  thereof  shall  afterwards  be 
demanded,  and  the  money  shall  be  kept  constantly  on  hand  by 
the  treasurer  to  pay  the  same  on  presentment,  unless  the  commis- 
sioners of  the  public  debt,  with  the  approval  of  the  mayor,  shall 
otherwise  order. 

Sb;ction  12.     The  bonds  issued  under  this  act  shall  contain  a    n^^  bonds  to  be 
covenant  to  the  effect  that  said  city  shall  issue  no  bonds  except     issued  inconsist- 
under  or  consistently  with  this  act,  until  the  aggregate  amount  of     ent  with  this  act 
bonds  issued  under  this  act  and   outstanding,  shall   have    been 
reduced  to  five  hundred  thousand  dollars  or  under.     All  bonds, 
notes  or  other  evidences  of  debt  payable  at  a  future  day,  hereafter 
issued  by  said  city,  contrary  to  the  provisions  of  this  act,  during  the 
period  last  named,  either  with  or  without  the  color  of  statutory 
authority,  shall  be  void. 

If  in  any  case,  the  city  or  city  officer  shall  hereafter  threaten  or 
attempt  to  issue  any  such  bonds,  or  other  evidences  of  debt  in 
contravention  of  the  provisions  of  this  act,  they  shall  be  restrained 
by  injunction  from  so  doing,  upon  the  application  of  any  holder  of  injunction. 
bonds  issued  under  this  act,  or  any  citizen  who  shall  have  paid 
city  taxes  in  said  city  for  two  years  then  next  preceding;  provided, 
however,  that  nothing  in  this  act  contained  shall  prevent  the  city  Proviso. 
from  issuing  orders  on  the  treasury,  payable  out  of  the  revenue  of 
the  current  year,  or  from  carrying  out  the  existing  contract  for  the 
building  of  school  houses  now  in  process  of  erection. 

Section  13.     No  city  or  school  order  or  scrip  issued  prior  to   q-jl^     j  school 
the  first  day  of  February,  1861,  nor  any  such  order  or  scrip  drawn     orders  not  receiv- 
for  any  such  debt  or  liability  contracted  prior  to  such  date,  shall     able  for  taxes, 
be  receivable  in  payment  of  any  tax  or  in  redemption  of  any  prop- 
erty sold  for  delinquent  taxes,  unless  it  be  for  delinquent  taxes 
prior  to  1861. 

Section  14.  Common  council,  with  the  approval  of  the  „  ■  ♦  st  m 
commissioners  of  the  public  debt,  may  at  any  time,  to  meet  interest  ^e  met. 
falling  due,  but  for  no  other  purpose,  anticipate  by  temporary  loan 
on  the  comptroller's  note,  a  portion  of  the  incoming  tax  for  the 
current  year;  provided,  that  in  no  case  shall  such  notes  be  issued 
in  any  one  year  to  exceed  ten  thousand  dollars.  It  is,  however, 
further  provided,  that  whenever  the  city  shall  have  returned  to  the 
cash  system  in  its  finances,  that  is  to  say,  whenever  it  shall 
commence  to  act  upon  the  plan,  and  shall  be  so  circumstanced  in 
the  opinion  of  the  common  council  and  of  the  commissioners  of 
the  public  debt,  that  it  can  adhere  permanently  to  the  plan  of 
receiving  nothing  except  money  into  the  treasury  in  payment  of 
taxes,  and  of  allowing  no  city  or  school  orders  or  scrip  to  issue 
except  when  there  is  money  in  the  treasury  to  meet  and  pay  the 
same,  then  the  common  council  may,  with  the  approval  of  the 
commissioners  of  the  public  debt,   anticipate,  by  temporary  loan 


CHAP.  MILWAUKEE  CITY  CHARTER.  238 

17 

on  the  comptroller's  note,  a  portion  of  the  incoming  tax  not 
exceeding  |20.000  in  any  year,  to  meet  current  expenses. 

Retirinq  of  railroad        Section  15.     Nothing  in  this  act  shall  be  construed  so  as  to 
|)0P(j3^  prevent  said  city  of  Milwaukee,  with  the  approval  of  the  commis- 

sioners of  the  public  debt,  and  upon  authority  to  be  hereafter 
attained  from  the  legislature,  from  issuing  bonds  strictly  and  only 
for  the  purpose  of  settling  and  retiring  any  balance  or  remainder 
of  city  bonds  heretofore  issued  in  aid  of  railroad  companies  which 
shall  not  be  met  or  provided  for  by  the  companies.  Such  new 
bonds  shall  not  in  any  event  exceed  in  amount,  altogether,  the 
sum  of  two  hundred  and  fifty  thousand  dollars,  shall  run  thirty 
years  from  their  date,  and  shall  bear  interest  at  a  rate  not  exceeding 
five  pel  centum  per  annum.  But  no  such  bonds  shall  be  issued  or 
used  for  the  purpose  of  settling  or  retiring  any  of  the  city  bonds 
issued  to  any  railroad  company  until  all  the  security  of  every  kind 
and  nature  taken  by  the  city  from  that  company  on  account  of 
those  city  bonds,  shall  have  been  exhausted,  or  shall  have  become 
in  the  opinion  of  both  the  common  council  and  the  commissioners  of 
the  public  debt,  clearly  and  hopelessly  inadequate  to  the  protection 
of  the  city.  If  any  of  the  bonds  authorized  by  this  act  to  be  issued 
for  the  purposes  specified  in  section  one  hereof,  shall  not  be 
accepted  by  the  parties  for  whom  they  are  so  intended,  and  so  in 
consequence  thereof  the  sum  raised  for  annual  interest  in  any  year 
shall  be  in  excess  of  the  amount  required  for  that  purpose,  then 
such  excess  shall  be  added  to  the  sinking  fund,  and  used  to  retire 
bonds  in  the  manner  in  this  act  provided. 

The  moneys  levied  and  collected  for  or  belonging  to  the  interest 
and  sinking  fund  under  this  act,  shall  be  held  in  trust  for  those 
purposes  only,  for  the  benefit  of  the  holders  of  the  bonds  issued 
under  this  act  for  the  purposes  specified  in  section  one  hereof, 
shall  in  no  way  be  diverted  from  that  purpose,  nor  shall  the  same 
or  any  part  thereof  be  subject  to  attachment  or  execution,  nor  be 
liable  by  any  process  or  proceeding  to  be  subjected  to  the  payment 
of  any  other  debt  than  that  to  meet  which  it  was  specially  raised 
under  this  act. 

Acts  repealed.  Section  16.     All  acts  and  parts  of  acts  passed  at  any  former 

session  of  the  legislature,  authorizing  said  city  to  issue  bonds  or  to 
raise  a  sinking  fund,  are  hereby  repealed,  and  neither  the  said  city 
nor  any  ward  or  wards,  or  any  part  or  subdivision  thereof,  shall 
have  power  to  issue  bonds  or  other  evidence  of  debt,  except  under 
or  consistently  with  the  provisions  of  this  act. 

Re-lew  of  unoaid        Section  17.     Whenever  any  portion  of  the  tax  levied  for  any 
taxes.  ^^^  year,  shall  be  unpaid  and  shall  remain  delinquent,  and  the 

lands  sold  therefor  shall  be  unredeemed,  an  amount  equal  to  such 
delinquent  tax  may  in  the  discretion  of  the  common  council,  with 
the  approval  of  the  commissioners  of  the  public  debt,  at  the  time 
of  levying  city  taxes  for  the  next  year,  be  added  tot  he  amount  of 
taxes  which  would  otherwise  be  levied  for  the  same  purposes, 
and  levied  and  collected  as  the  other  taxes  are  levied  and  collected 
by  law. 

Section  18.  After  so  many  of  the  bonds  issued  under  this  act 
shall  have  been  satisfied  and  retired  as  to  leave  less  than   five 


239 


MILWAUKEE   CITY   CHARTER. 


hundred  thousand  dollars  in  amount  thereof  outstanding,  nothing 
in  this  act  contained  shall  be  construed  so  as  to  prevent  said  city, 
under  authority  thereto  then  obtained  from  the  legislature, 
from  issuing  her  bonds  to  any  extent,  so  that  the  aggregate 
amount  of  the  bonds  so  then  issued  and  those  issued  under  this 
act  and  then  still  outstanding,  shall  not  exceed  five  hundred 
thousand  dollars,  nor  from  issuing  bonds  at  any  time  for  the 
purpose  of  extending  the  time  of  payment  of  the  amounts  of  any 
of  the  bonds  issued  under  this  act  at  the  same  or  less  rate  of 
interest  at  the  maturity  thereof. 


Section  19. 
passage. 


This  act  shall    take   eflfect  from    and    after    its 


CHAP. 
17 

Limits  to  amount  of 
bonds  that  may  be 
subsequently 
issued. 


CHAPTEK    91,    LAWS    OF    1891. 

Section  1.  The  common  council  of  the  city  of  Milwaukee  is  Qp^imon  council 
hereby  authorized  to  provide  by  ordinance  for  the  issue  of  corporate  j^^y  jssue  bonds. 
bonds  of  said,  city  not  exceeding  in  amount  six  hundred  thousand 
dollars,  payable  in  not  more  than  twenty  years  after  date  of 
said  issue.  Such  bonds  shall  bear  interest  hot  exceeding  the  rate 
of  five  per  cent,  per  annum  and  shall  be  known  as  and  called 
"City  Hall  Bonds,"  and  shall  be  issued  to  provide  funds  for  the 
erection  of  a  building  suitable  for  the  accommodation  of  the  city 
departments.  Said  bonds  to  be  issued  as  follows:  Two  hundred 
thousand  dollars  within  1891,  two  hundred  thousand  dollars  within 
1892,  and  two  hundred  thousand  dollars  within  1893. 

Section  2.  All  bonds  issued  under  the  provisions  of  this  act  Bonds  how  issued. 
shall  be  signed  by  the  mayor  and  clerk  of  said  city,  countersigned 
by  the  comptroller  ot  said  city,  attested  by  the  commissioners  of 
public  debt  of  said  city,  sealed  with  the  corporate  seal  of  said  city, 
made  payable  in  lawful  money  of  the  United  States  of  America 
in  the  city  of  Milwaukee  or  New  York,  and  shall  each  be  for  the 
principal  sum  of  one  thousand  dollars,  or  five  hundred  dollars,  or 
one  hundred  dollars,  and  shall  have  attached  thereto  interest 
coupons  or  warrants  for  the  semi-annual  payment  of  interest 
thereon  and  such  bonds  and  coupons  shall  be  numbered  in  the 
form  and  manner  to  be  designated  by  said  comptroller. 


Section  3.  Bonds  issued  under  the  provisions  of  this  act  shall 
be  issued  from  time  to  time  in  such  amount  as  the  common  council 
of  said  city  may  determine  upon;  said  bonds  when  issued  and 
properly  signed  and  sealed,  shall  be  delivered  to  the  commis- 
sioners of  public  debt  of  said  city,  and  by  that  body  disposed  of, 
the  proceeds  arising  therefrom  to  be  paid  into  the  treasury  of  said 
city,  and  such  proceeds  shall  constitute  a  separate  and  distinct 
fund,  to  be  exclusively  applied  for  the  purposes  specified  in  the 
first  section  of  this  act. 


Bonds,  how  dis- 
posed of. 


Section  4.  The  office  of  commissioners  of  public  debt  of  office  of  commis- 
said  city  shall  not  be  abolished  while  any  of  the  bonds  issued  sioners  of  public 
under  the  provisions  of  this  act  remain  outstanding  and  unpaid.  debt  not  to  be 

abolished. 


CHAP. 

17 

Certain  sections  of 
chapter  87,  laws 
of  1861,  made  a 
part  of  this  act. 


MILWAUKEE   CITY   CHARTER. 


240 


Tax  to  be  levied  to 
pay  interest  and 
principal  of  bonds. 


Bonds  to  be  can- 
celled. 


Same. 


Bonds  not  to  be 
sold  for  less  than 
par  value. 


Board  of  public 
works  may  make 
contracts. 


Comptroller  to 
countersign  con- 
tracts. 


Section  5.  The  provisions  of  sections  2,  6,  7,  8,  9,  10,  11, 
and  17,  chapter  87,  of  the  laws  of  1861,  applicable  and  not  incon- 
sistent with  the  provisions  of  this  act,  shall  apply  to  bonds  issued 
under  the  provisions  of  this  act,  and  such  sections,  if  not  incon- 
sistent, are  incorporated  as  a  part  of  this  act.  The  true  intent  and 
meaning  of  this  act  is  to  provide  for  the  present  issue  of  bonds  in 
the  same  manner  as  bonds  issued  under  the  provisions  of  that  act 
are  provided  for,  unless  the  common  council  upon  the  recommend- 
ation of  the  commissioners  of  public  debt,  shall  elect  by  ordinance 
to  specify  what  particular  bonds  shall  expire  and  be  retired  in 
each  year  not  less  than  five  per  cent,  of  the  whole  issue,  and  said 
common  council  is  hereby  authorized  to  so  elect. 

Section  6.  The  common  council  of  said  city  shall  annually 
cause  a  tax  to  be  levied  upon  all  taxable  property  in  said  city,  both 
personal  and  real,  for  the  payment  of  the  annual  interest  on  all 
unpaid  bonds  issued  under  the  provisions  of  this  act,  and  for 
twenty  years  before  the  principal  of  said  bonds  becomes  due,  the 
said  common  council  shall  annually  cause  a  tax  to  be  levied  upon 
all  taxable  property,  both  personal  and  real,  equal  in  amount  to 
five  per  cent,  of  all  bonds  issued  and  outstanding  under  the 
provisions  of  this  act,  for  a  sinking  fund  to  redeem  such  bonds  as 
the  said  commissioners  of  public  debt  direct  to  be  cancelled,  or 
which  shall  have  matured. 

Section  7.  As  soon  as  a  sinking  fund  shall  have  been  collected 
and  set  aside,  the  said  commissioners  of  public  debt  shall  proceed 
to  cancel  bonds  in  amount  equal  to  the  sinking  fund  so  provided. 

Section  8.  All  bonds  directed  to  be  paid  by  said  commis- 
sioners of  public  debt  shall  be,  when  paid,  stamped  "cancelled," 
and  when  so  stamped  shall  be  delivered  to  the  common  council  of 
said  city,  and  by  that  body  publicly  declared  cancelled. 

Section  9,  The  commissioners  of  public  debt  of  said  city  are 
hereby  prohibited  from  selling  or  otherwise  disposing  of  any  such 
bonds  at  a  less  valuation  than  par,  that  is  to  say,  at  less  than  the 
principal  of  said  bonds  together  with  the  accrued  interest 
thereon. 

Section  10.  The  board  of  public  works  shall  have  power  and 
authority  by  and  under  the  direction  of  the  common  council  to 
enter  into  contract  or  contracts  for  doing  all  the  work  of  erecting 
and  constructing  the  city  hall  building,  without  any  other  appro- 
priation for  doing  such  work  than  is  herein  provided  and  in 
advance  of  and  prior  to  the  issuance  and  disposal  of  the  bonds 
herein  authorized  to  be  issued  and  disposed  of  during  the  years 
1892  and  1893.  The  common  council  shall,  from  time  to  time, 
during  the  progress  of  said  work  in  the  erection  and  construction 
of  said  building,  appropriate  out  of  the  funds  realized  from  the 
proceeds  of  the  sale  of  the  bonds  as  herein  provided,  such  sum  or 
sums  of  money  as  may  become  necessary  and  required  for  defray- 
ing the  cost  of  the  erection  of  said  building,  not  exceeding  in  any 
one  year  the  amount  realized  from  the  sale  of  said  bonds. 

Section  11.  It  shall  be  the  duty  of  the  comptroller  to  counter- 
sign any  contract  or  contracts  for  doing  the  work  of  erecting  and 
constructing  the  said  city  hall  building  which  shall  be  made  and 


241 


MILWAUKEE   CITY   CHARTER. 


entered  into  by  the  said  board  of  public  works,  as  aforesaid ;  provided 
however,  that  the  amount  of  money  to  be  expended  and  the 
liability  to  be  incurred  by  such  contract  or  contracts  shall  not 
exceed  the  amount  of  bonds  authorized  to  be  issued  for  the 
purpose  of  such  contract  or  contracts,  and  the  amount  of  the  fund 
to  be  realized  from  the  sale  of  such  bonds. 

Section  12.  The  provisions  of  sections  14  and  15  of  chapter  5 
of  the  charter  of  the  city  of  Milwaukee,  as  revised  and  amended, 
any  other  provision  or  provisions  of  said  charter  which  are  incon- 
sistent with  the  provisions  this  act  shall  not  apply  to  the  contract 
or  contracts  to  be  made  and  entered  into  for  the  purposes  and 
under  the  provisions  of  this  act. 


CHAP. 
17 


Provisions  of  sec- 
tions 14  and  15, 
of  chapter  5,  of 
charter  not  to 
apply  to  said  con- 
tracts. 


CHAPTER  92,  LAA^S  OF  1891. 
Section  1.  The  common  council  of  the  city  of  Milwaukee  is 
hereby  authorized  to  provideby  ordinance  for  the  issue  of  corporate 
bonds  of  said  city,  not  exceeding  in  amount  two  hundred  and 
twenty  thousand  dollars,  payable  in  not  more  then  twenty  years 
after  date  of  said  issue.  Said  bonds  shall  bear  interest  not  exceed- 
ing the  rate  of  five  per  cent,  per  annum,  and  shall  be  known  as  and 
called  "public  park  bonds"  and  shall  be  issued  to  provide  funds 
for  the  purchase  and  improvement  of  public  parks,  and  for  the 
paying  of  installments  of  principal  and  interest  upon  the  parks 
already  purchased  under  the  provisions  of  chapter  488,  of  the  laws 
of  1889,  and  of  parks  to  be  hereafter  purchased,  as  they  may 
become  due;  provided,  that  not  more  than  one  hundred  and  fifty 
thousand  dollars  worth  of  said  bonds  shall  be  issued  in  the  year 
1891,  and  seventy  thousand  dollars  worth  of  said  bonds  shall  be 
issued  in  the  year  1892,  not  less  than  fifty  thousand  dollars  of 
which  shall  be  used  for  the  purchase  of  park  grounds  on  the 
west  side  of  the  city  of  Milwaukee  and  north  of  the  Meno- 
monee  river. 

Section  2.  All  bonds  issued  under  the  provisions  of  this  act 
shall  be  signed  by  the  mayor  and  clerk  of  said  city,  countersigned 
by  the  comptroller  of  said  city,  attested  by  the  commissioners  of 
public  debt  of  said  city,  sealed  with  the  corporate  seal  of  said  city, 
made  payable  in  lawful  money  of  the  United  States  of  America 
in  the  city  of  Milwaukee  or  of  New  York,  and  ghall  each  be  for  the 
principal  sum  of  one  thousand  dollars,  or  five  hundred  dollars, 
or  one  hundred  dollars,  and  shall  have  attached  thereto  interest 
coupons  or  warrants  for  the  semi-annual  payment  of  interest 
thereon,  and  such  bonds  and  coupons  shall  be  numbered  in  the  form 
and  manner  to  be  designated  by  said  comptroller. 

Section  3.  Bonds  issued  under  the  provisions  of  this  act  shall 
be  issued  from  time  to  time  in  such  amount  as  the  common  council 
of  said  city  may  determine  upon;  said  bonds  when  issued  and 
properly  signed  and  sealed,  shall  be  delivered  to  the  commissioners 
of  public  debt  of  said  city,  and  by  that  body  disposed  of;  the 
proceeds  arising  therefrom  to  be  paid  into  the  treasury  of  said  city, 
and  such  proceeds  shall  continue  a  separate  and  distinct  fund  to  be 
exclusively  applied  for  the  purposes  specified  in  the  first  section 
of  this  act. 


Common  council 
may  issue  bonds. 


Bonds,  how  issued. 


Bonds,  how  dis- 
posed of. 


CHAP. 

17 

Office  not  to  be 
abolished. 


Certain  laws  made 
a  part  of  this  act 


MILWAUKEE   CITY    CHARTER, 


242 


Tax  to  be  levied  to 
pay  interest  and 
principal  of 
bonds. 


Bonds  to  be 
cancelled. 


Same. 


Bonds  not  to  be 
sold  for  less  than 
par  value. 


ShXTiON  4.  The  office  of  commissioners  of  public  debt  of  said 
city  shall  not  be  abolished  while  any  of  the  bonds  issued  under  the 
provisions  of  this  act  remain  outstanding  and  unpaid. 

Section  5.  The  provisions  of  sections  2,  6,  7,  8,  9,  10,  11,  and 
17,  chapter  87,  of  the  lawsof  1851  applicable  and  not  inconsistent 
with  the  provisions  of  this  act  shall  apply  to  bonds  issued  under 
the  provisions  of  this  act,  and  such  sections,  if  not  inconsistent,  are 
incorporated  as  a  part  ot  this  act.  The  true  intent  and  meaning  of 
this  act  is  to  provide  for  the  present  issue  of  bonds  in  the  same 
manner  as  bonds  issued  under  the  provisions  of  that  act  are  provided 
for,  unless  the  common  council  upon  the  recommendation  of  the 
commissioners  of  public  debt  shall  elect  by  ordinance  to  specify 
what  particular  bonds  shall  expire  and  be  retired  in  each  year,  not 
less  than  j5ve  per  cent,  of  the  whole  issue,  and  said  common  council 
is  hereby  authorized  to  so  elect. 

Section  6.  The  common  council  of  said  city  shall  annually 
cause  a  tax  to  be  levied  upon  all  taxable  property  in  said  city,  both 
personal  and  real,  for  the  payment  of  the  annual  interest  on  all 
unpaid  bonds  issued  under  the  provisions  of  this  act,  and  for  twenty 
years  before  the  principal  of  said  bonds  becomes  due,  the  said 
common  council  shall  annually  cause  a  tax  to  be  levied  upon  all  tax- 
able property,  both  personal  and  real,  equal  in  amount  to  five  per 
cent,  of  all  bonds  issued  and  outstanding  under  the  provisions  of 
this  act,  for  a  sinking  fund  to  redeem  such  bonds  as  the  said 
commissioners  of  public  debt  direct  to  be  cancelled  or  which  shall 
have  matured. 

Section  7.  As  soon  as  a  sinking  fund  shall  have  been  collected 
and  set  aside,  the  said  commissioners  of  public  debt  shall  proceed 
to  cancel  bonds  in  amount  equal  to  the  sinking  fund  so  provided. 

Section  8.  All  bonds  directed  to  be  paid  by  said  commis- 
sioners of  public  debt  shall  be,  when  paid,  stamped  "cancelled," 
and  when  so  stamped  shall  be  delivered  to  the  common  council  of 
said  city,  and  by  that  body  publicly  declared  cancelled. 

Section  9.  The  commissioners  of  public  debt  of  said  city  are 
hereby  prohibited  from  selling  or  otherwise  disposing  of  any  such 
bonds  at  a  less  valuation  than  par,  that  is  to  say,  at  less  than  the 
principal  of  said  bonds,  together  with  the  accrued  interest  thereon; 
and  said  commissioners  of  public  debt  are  further  prohibited  from 
issuing  bonds  under  the  provisions  of  this  act,  which,  together 
with  the  bonds  heretofore  issued  shall  exceed  the  limit  of  the 
bonded  indebtedness  of  said  city. 


Common  council 
may  issue  bonds. 


CHAPTEB    93,    LAAATS    OF    1891, 

Section  1.  The  common  council  of  the  city  of  Milwaukee  is 
hereby  authorized  to  provide  by  ordinance  for  the  issue  of  corporate 
bonds  of  said  city  not  exceeding  in  amount  two  hundred  and  fifty 
thousand  dollars,  payable  in  not  more  than  twenty  years  after 
date  of  said  issue.  Said  bonds  shall  bear  interest  not  exceeding 
the  rate  of  five  per  cent,  per  annum,  and  shall  be  known  as,  and 
called  "library  and  museum  bonds,"  and  shall  be  issued  to  provide 


243 


MILWAUKEE   CITY    CHARTER. 


funds  for  the  erection  of  a  public  library  and  public  museum  in 
the  city  of  Milwaukee,  and  to  purchase  additional  grounds  therefor, 
if  deemed  necessary.  Provided,  that  not  more  than  one  hundred 
thousand  dollars  worth  of  said  bonds  shall  be  issued  in  the  year 
1891,  and  one  hundred  and  fifty  thousand  dollars  worth  of  said 
bonds  shall  be  issued  in  the  year  1892. 

Section  2.  All  bonds  issued  under  the  provisions  of  this  act 
shall  be  signed  by  the  mayor  and  clerk  of  said  city,  countersigned 
by  the  comptroller  of  said  city,  attested  by  the  commissioners  of 
public  debt  of  said  city,  sealed  with  the  corporate  seal  of  said  city, 
made  payable  in  lawful  money  of  the  United  States  of  America  in 
the  city  of  Milwaukee  or  New  York,  and  shall  each  be  for  the 
principal  sum  of  one  thousand  dollars,  or  five  hundred  dollars,  or 
one  hundred  dollars,  and  shall  have  attached  thereto  interest 
coupons  or  warrants  for  the  semi-annual  payment  of  interest 
thereon,  and  such  bonds  and  coupons  shall  be  numbered  in  the 
form  and  manner  to  be  designated  by  said  comptroller. 

Section  3.  Bonds  issued  under  the  provisions  of  this  act  shall 
be  issued  from  time  to  time  in  such  amounts  as  the  common 
council  of  said  city  may  determine  upon;  said  bonds  when  issued 
and  properly  signed  and  sealed  shall  be  delivered  to  the  commis- 
sioners of  public  debt  of  said  city,  and  by  that  body  disposed  of; 
the  proceeds  arising  therefrom  to  be  paid  into  the  treasury  of  said 
city,  and  such  proceeds  shall  constitute  a  separate  and  distinct 
fund,  to  be  exclusively  applied  for  the  purposes  specified  in  the 
first  section  of  this  act. 


CHAP. 

17 


Bonds,  how  issued. 


Bonds,  how  dis- 
posed of. 


Section  4.  The  office  of  commissioners  of  public  debt  of  said 
city  shall  not  be  abolished  while  any  of  the  bonds  issued  under 
the  provisions  of  this  act  remain  outstanding  and  unpaid. 

Section  5.  The  provisions  of  sections  2,  6,  7,  8,  9,  10,  11,  and 
17,  chapter  87,  of  the  laws  of  1861,  applicable  and  not  inconsistent 
with  the  provisions  of  this  act,  shall  apply  to  bonds  issued  under 
the  provisions  of  this  act,  and  such  sections,  if  not  inconsistent, 
are  incorporated  as  a  part  of  this  act.  The  true  intent  and 
meaning  of  this  act  is  to  provide  for  the  present  issue  of  bonds  in 
the  same  manner  as  bonds  issued  under  the  provisions  of  that  act 
are  provided  for,  unless  the  common  council,  upon  the  recom- 
mendation of  the  commissioners  of  public  debt  shall  elect  by 
ordinance  to  specify  what  particular  bonds  shall  expire  and  be 
retired  in  each  year,  not  less  than  five  per  cent,  of  the  whole 
issue  and  said  common  council  is  hereby  authorized  to  so  elect. 

Section  6.  The  common  council  of  said  city  shall  annually 
cause  a  tax  to  be  levied  upon  all  taxable  property  in  said  city,  both 
personal  and  real,  for  the  payment  of  the  annual  interest  on  all 
unpaid  bonds  issued  under  the  provisions  of  this  act,  and  for 
twenty  years  before  the  principal  of  said  bonds  becomes  due,  the 
said  common  council  shall,  annually,  cause  a  tax  to  be  levied  upon 
all  taxable  property,  both  personal  and  real,  equal  in  amount  to 
five  per  cent,  of  all  bonds  issued  and  outstanding  under  the  provis- 
ions of  this  act,  for  a  sinking  fund  to  redeem  such  bonds  as  the 


Office  not  to  be 
abolished. 


Certain  laws  made 
a  part  of  this  act. 


Tax  to  be  levied  to 
pay  interest  and 
principal  of 
bonds. 


CHAP. 

17 


MILWAUKEE   CITY   CHARTER. 


244 


Bonds  to  be 
cancelled. 


Same. 


Bonds  not  to  be 
sold  for  less  than 
par  value. 


Board  of  public 
works  may  make 
contracts. 


Comptroller  to 
countetdign 
contracts. 


Sections  14  and  15, 
of  chapter  5,  of 
Milwaukee 
charter,  not  to 
apply  to  said 
contracts. 


said  commissioners  of  public  debt  direct  to  be  cancelled,  or  which 
shall  have  matured. 

Section  7.  As  soon  as  a  sinking  fund  shall  have  been  collected 
and  set  aside,  the  said  commissioners  of  public  debt  shall  proceed 
to  cancel  bonds  in  amount  equal  to  the  sinking  fund  so  provided. 

Section  8.  All  bonds  directed  to  be  paid  by  said  commis- 
sioners of  public  debt  shall  be,  when  paid,  stamped  "cancelled," 
and  when  so  stamped  shall  be  delivered  to  the  common  council  of 
said  city,  and  by  that  body  publicly  declared  cancelled. 

Section  9.  The  commissioners  of  public  debt  of  said  city  are 
hefeby  prohibited  from  selling  or  otherwise  disposing  of  any  such 
bonds  at  a  less  valuation  than  par,  that  is  to  say,  at  less  than  the 
principal  of  said  bonds,  together  with  the  accrued  interest  thereon ; 
and  said  commissioners  of  public  debt  are  further  prohibited  from 
issuing  bonds  under  the  provisions  of  this  act,  which,  together 
with  the  bonds  heretofore  issued  shall  exceed  the  limit  of  the 
bonded  indebtedness  of  said  city. 

Section  10.  The  board  of  public  works  shall  have  power  and 
authority  by,  and  under  the  direction  of  the  common  council,  to 
enter  into  contract  or  contracts  for  doing  all  the  work  of  erecting 
and  constructing  the  library  and  museum  building  without  any 
other  appropriation  for  doing  such  work  than  is  herein  provided, 
and  in  advance  of  and  prior  to  the  issuance  and  disposal  of  the 
bonds  herein  authorized  to  be  issued  and  disposed  of  during 
the  year  1892.  The  common  council  shall,  from  time  to  time, 
during  the  progress  of  said  work  in  the  erection  and  construction 
of  said  building,  appropriate  out  of  the  funds  realized  from  the 
proceeds  of  the  sale  of  the  bonds,  as  herein  provided,  such  sum  or 
sums  of  money  as  may  become  necessary  and  required  for  defrayiryg 
the  cost  of  the  erection  of  said  building,  not  exceeding  in  any  one 
year  the  amount  realized  from  the  sale  of  said  bonds. 

Section  11.  It  shall  be  the  duty  of  the  comptroller  to  counter- 
sign any  contract  or  contracts  for  doing  the  work  of  erecting  and 
constructing  the  said  library  and  museum  building  which  shall  be 
made  and  entered  into  by  the  said  board  of  public  works  as  aforesaid; 
provided,  however,  that  the  amount  of  money  to  be  expended  and 
the  liability  to  be  incurred  by  such  contract  or  contracts  shall  not 
exceed  the  amount  of  bonds  authorized  to  be  issued  for  the  purpose 
of  such  contract  or  contracts  and  the  amount  of  the  fund  to  be 
realized  from  the  sale  of  such  bonds. 

Section  12.  The  provisions  of  sections  14  and  15  of  chapter  o 
of  the  charter  of  the  city  of  Milwaukee  as  revised  aiid  amended, 
and  any  other  provision  or  provisions  of  said  charter  which  are 
inconsistent  with  the  provisions  of  this  act,  shall  not  apply  to  the 
contract  or  contracts  to  be  made  and  entered  into  for  the  purposes 
and  under  the  provisions  of  this  act. 


CHAPTER     120,    LAWS    OF     1891. 
Common  council  Section  1.     The  common  council  of  the  city  of  Milwaukee  is 

may  Issue  bonds    hereby  authorized  to  provide  by  ordinance  for  the  issue  of  corporate 
to  build   bridges,    bonds  of  said   city  in   amount  not  exceeding  fifty-five  thousand 


245 


MILWAUKEE   CITY    CHARTER. 


CHAP. 

17 


dollars,  said  bonds  shall  be  payable  not  more  than  twenty  years 
after  the  date  of  said  issue,  and  shall  bear  interest  not  exceeding 
the  rate  of  five  per  centum  per  annum.  Said  bonds  shall  be 
known  as  and  called  "park  bridge  bonds,"  and  shall  be  issued 
exclusively  to  provide  funds  for  erecting  and  constructing  abridge 
across  the  Milwaukee  river  in  the  thirteenth  and  eighteenth 
wards  of  said  city. 

Section  2.  All  bonds  issued  under  the  provisions  of  this  act 
shall  be  signed  by  the  mayor  and  clerk  of  said  city,  countersigned 
by  the  comptroller  of  said  city,  attested  by  the  commissioners  of 
public  debt  of  said  city,  sealed  with  the  corporate  seal  of  said 
city,  made  payable  in  lawful  money  of  the  United  States  of 
America  in  the  cit}^  of  Milwaukee  or  New  York,  and  shall  each  be 
for  the  principal  sum  of  one  thousand  dollars,  or  five  hundred 
dollars,  or  one  hundred  dollars,  and  shall  have  attached  thereto 
interest  coupons  or  warrants  for  the  semi-annual  payment  of 
interest  thereon,  and  such  bonds  and  coupons  shall  be  numbered 
in  the  form  and  manner  to  be  designated  by  said  comptroller. 

Section  3.  Bonds  issued  under  the  provisions  of  this  act  shall 
be  issued  from  time  to  time  in  such  amoimts  as  the  common 
council  of  said  city  may  determine  upon;  said  bonds,  when  issued 
and  properly  signed  and  sealed,  shall  be  delivered  to  the  commis- 
sioners of  public  debt  of  said  city,  and  by  that  body  disposed  of, 
the  proceeds  arising  therefrom  to  be  paid  into  the  treasury  of  said 
city,  and  such  proceeds  shall  constitute  a  separate  and  distinct 
fund,  to  be  exclusively  applied  for  the  purposes  specified  in  the 
first  section  of  this  act.  Provided,  that  nothing  in  this  act 
contained  shall  be  construed  as  authorizing  said  common  council 
to  issue  bonds  in  excess  of  the  limitation  prescribed  in  section 
6  of  chapter  11  of  the  charter  of  said  city  and  the  acts  amendatory 
thereof. 

Section  4.  The  office  of  commissioners  of  public  debt  of  said 
city  shall  not  be  abolished  while  any  of  the  bonds  issued  under 
the  provisions  of  this  act  remain  outstanding  and  unpaid. 

Section  5.  The  provisions  of  sections  2,  6,  7,  8,  9,  10,  11,  and 
17,  chapter  87,  of  the  laws  of  1861,  applicable  and  not  inconsistent 
with  the  provisions  of  this  act,  shall  apply  to  bonds  issued  under 
the  provisions  of  this  act,  and  such  sections,  if  not  inconsistent  are 
incorporated  as  a  part  of  this  act.  The  true  intent  and  meaning 
of  this  act  is  to  provide  for  the  present  issue  of  bonds  in  the  same 
manner  as  bonds  issued  under  the  provisions  of  that  act  are 
provided  for,  unless  the  common  council  upon  the  recommenda- 
tion of  the  commissioners  of  public  debt  shall  elect  by  ordinance 
to  specify  what  particular  bonds  shall  expire  and  be  retired  in 
each  year,  not  less  than  five  per  centum  of  the  whole  issue;  and 
said  common  council  is  hereby  authorized  to  so  elect. 

Section  G.  The  common  council  of  said  city  shall  annually 
cause  a  tax  to  be  levied  upon  all  taxable  property  in  said  city, 
both  personal  and  real,  for  the  payment  of  the  annual  interest  on 
all  unpaid  bonds  issued  under  the  provisions  of  this  act,  and  for 
twenty  years  before  the  principal  of  said  bonds  become  due,  the 


Bonds,  how  issued. 


Bonds,  how  dis- 
posed of. 


Office  not  to  be 
apolished. 


Certain  former 
laws  made  part 
of  this  act 


Tax  to  be  levied  to 
pay  bonds. 


CHAP. 

17 


MILWAUKEE   CITY   CHARTER. 


246 


Bonds  io  be 
cancelled. 


Same. 


Bonds  not  to  be 
sold  at  less  than 
par  value. 


said  common  council  shall  annually  cause  a  tax  to  be  levied  upon 
all  taxable  property  in  said  city,  both  personal  and  real,  equal  in 
amount  to  five  per  centum  of  all  bonds  issued  and  outstanding 
under  the  provisions  of  this  act,  for  a  sinking  fund  to  redeem  such 
bonds  as  the  said  commissioners  of  public  debt  direct  to  be 
cancelled,  or  which  shall  have  matured. 

Section  7.  As  soon  as  a  sinking  fund  shall  have  been  collected 
and  set  aside,  the  said  commissioners  of  public  debt  shall  proceed 
to  cancel  bonds  in  amount  equal  to  the  sinking  fund  so  provided. 

Section  8.  All  bonds  directed  to  be  paid  by  said  commis- 
sioners of  public  debt  shall  be,  when  paid,  stamped  "cancelled," 
and  when  so  stamped  shall  be  delivered  to  the  common  council  of 
said  city,  and  by  that  body  publicly  declared  cancelled. 

Section  9.  The  commissioners  of  public  debt  of  said  city  are 
hereby  prohibited  from  selling  or  otherwise  disposing  of  any  such 
bonds  at  a  less  valuation  than  par,  that  is  to  say,  at  less  than 
the  principal  of  said  bonds,  together  with  the  accrued  interest 
thereon. 


Common  council 
to  acquire  certain 
lands. 


City  engineer  to 
make  survey. 


CHAPTER    122,   LAWS    OF    1891. 

Section  1.  It  is  hereby  made  the  duty  of  the  common  council 
of  the  city  of  Milwaukee  and  the  officers  of  said  city,  immediately 
upon  the  passage  and  publication  of  this  act,  to  acquire  by  dedica- 
tion, purchase,  or  condemnation  a  strip  of  land  extending  from  the 
intersection  of  Eleventh  avenue  with  Pierce  street  in  said  city,  in 
a  northerly  direction  to  the  intersection  of  Sixteenth  and  Fowler 
streets  in  said  city,  to  be  seventy  feet  wide,  and  of  uniform  width. 
And  it  is  hereby  made  the  duty  of  the  city  engineer  of  said  city, 
immediately  upon  the  passage  and  publication  of  this  act,  to  cause 
a  survey  of  the  same  to  be  made,  and  to  file  said  survey  in  the  office 
of  the  board  of  public  works  of  said  city,  and  he  shall  also  file 
therewith  a  description  of  the  several  parcels  of  land  contained 
therein,  and  also  a  map  or  plat  thereof,  showing  the  location  of  the 
same.  It  is  hereby  made  the  duty  of  the  board  of  public  works 
of  said  city  of  Milwaukee,  immediately  upon  the  filing  of  the 
said  plat,  and  description  of  said  strip  of  land  and  said  survey  to 
ascertain  if  the  same  or  any  part  thereof  can  be  acquired  from  the 
owners  thereof,  by  dedication  without  compensation,  and  it  is  made 
the  further  duty  of  said  board  ofpublic  works  also  to  enter  into  nego- 
tiations with  the  several  owners  of  the  lands  necessary  to  be  acquired , 
for  the  purchase  of  the  fee  simple,  of  all  the  lands  described  in 
said  survey  which  cannot  be  acquired  by  gift.  And  it  is  further 
made  the  duty  of  the  common  council  and  the  proper  city  officers, 
to  provide  for  the  payment  of  the  amounts  necessary  for  such 
purpose  and  which  shall  be  agreed  upon  by  the  said  board  of 
public  works  out  of  the  fund  hereinafter  to  be  provided.  It  is 
hereby  made  the  duty  of  the  said  board  ofpublic  works  within  sixty 
days  after  the  filing  of  said  survey  and  plat,  to  report  to  the 
common  council  a  list  of  all  the  lands  set  off  in  said  survey  and 
plat,  which  they  have  been  unable  to  acquire  by  gift,  and  of  all 
lands  for  which  they   have   entered   into  negotiations  with   the 


247  MILWAUKEE   CITY   CHARTER.  CHAP. 

17 

owners  to  be  acquired  by  purchase,  together  with  the  various 
sums  and  amounts  for  which  the  tracts  and  parcels  of  land  can  be 
acquired.  And  the  common  council  may,  by  resolution,  authorize 
the  board  of  public  works  to  purchase  any  of  such  lands  at  the 
prices  proposed,  or  may  reject  any  or  all  of  the  proposals  as  they 
may  deem  proper.  And  the  common  council  shall  thereupon 
proceed  to  acquire  the  several  parcels  described  in  the  report  of 
the  said  board  of  public  works  by  condemnation  which  have  not 
been  acquired  by  gift  or  the  proposals  for  the  purchase  which 
have  not  been  accepted,  and  shall  proceed  in  that  behalf  as 
provided  in  the  charter  of  said  city  for  the  condemnation  and 
taking  of  lands  for  streets  and  other  public  use,  and  without  peti- 
tion therefor.  All  provisions  of  the  charter  of  the  city  of 
Milwaukee  and  the  several  acts  amendatory  thereof,  in  relation  to 
the  condemnation  of  lands  for  highway  and  public  purposes  and 
the  assessment  of  benefits  and  damages  arising  therefrom  and  the 
time  for  apDealing  and  the  manner  of^appeal  of  any  person  who 
shall  feel  aggrieved  on  account  of  such  assessment,  shall  apply  to 
the  proceedings  for  the  taking  or  condemnation  of  the  lands  which 
shall  be  taken  by  proceedings  for  condemnation  under  and  by 
virtue  of  the  provisions  of  this  act.  The  damages  in  all  cases  shall 
be  paid  out  of  the  fund  herein  provided  to  be  provided  as  aforesaid. 
And  it  is  further  provided  that  whenever  the  common  council  shall 
have  confirmed  the  assessment  of  benefits  and  damages  in  said  con- 
demnation proceedings,  and  shall  have  advertised  for  six  days  in 
the  official  newspaper  of  said  city  that  the  amount  awarded  to  the 
owners  of  said  lands,  respectively,  has  been  provided  in  the  hands 
of  the  city  treasurer,  and  is  ready  to  be  paid  over  to  such  several 
owners,  the  city  of  Milwaukee  shall  have  full  power  and  authority 
to  enter  upon  and  appropriate  the  property  so  taken  and 
condemned  and  the  same  shall  thereafter  be  subject  to  the  provi- 
sions of  this  act,  and  to  all  the  laws  and  ordinances  of  the  city  of 
Milwaukee  applicable  thereto.  And  it  is  further  provided  that  if 
any  person  shall  appeal  from  said  assessment  of  benefits  and 
damages  in  the  manner  provided  by  said  charter,  that  such  appeal 
shall  not  prevent  the  city  of  Milwaukee  from  entering  upon 
possession  of  said  lands  as  hereinbefore  provided  and  the  owners 
of  said  lands  so  appealing  may  receive  and  accept  the  amount  so 
awarded  to  them  without  any  prejudice  whatever  to  said  appeal, 
and  if  a  greater  sum  than  the  amount  awarded  shall  be  recovered 
in  any  case,  the  same  with  costs  shall  be  paid  out  of  said  fund  here- 
inafter to  be  provided,  and  if  a  less  sum  be  recovered  the  appellant 
shall  pay  the  costs.  In  all  other  respects  said  proceedings  shall  be 
governed  by  the  provisions  of  said  charter  relating  to  the  taking  of 
lands  for  public  use. 

Section  2.     The  said  city    of   Milwaukee  is   authorized  and    mo.,  ..c«  io«/1c  ««.. 

,  ,     ,      T  .     1  ,-        ^  Way  use  lands  for 

empowered  to  use  the  lands  so  acquired  for  all  public  purposes  of     ^n  pubijc 

whatever  kind  and  may  construct,  erect  and  maintain  thereon  and      purposes. 

public  bridge  or  bridges,  viaducts,  abutments,  piers  or  other  thing, 

and  improve  the  same  or  any  portion  thereof,  as  a  public  street  or 

walk,  and  construct  therein  any  sewer,  water  main,  and  use  the 

same  for  all  other  public  purposes  or  uses,  as  the  common  council 

of  said  city  of  Milwaukee  may  from  time  to  time  prescribe. 


CHAP. 

17 

May  build  a 
viaduct. 


MILWAUKEE   CITY    CHARTER. 


248 


Viaduct,  how  to  be 
constructed. 


Plans  for  same. 


Viaduct  to  be  under 
control  of  city. 


May  issue  bonds — 
proceeds  thereof, 
how  to  be  used. 


Section  3.  The  common  council  of  the  city  of  Milwaukee  is 
hereby  authorized  to  cause  to  be  built  with  all  reasonable  despatch 
after  procuring  the  right  of  way  as  hereinbefore  provided,  a  suitable 
viaduct  from  the  intersection  of  Eleventh  avenue  and  Pierce  street, 
in  said  city,  and  extending  as  nearly  as  practicable  on  the  level 
across  the  Menomonee  valley  in  a  northerly  direction  to  the  inter- 
section of  Sixteenth  and  Fowler  streets  in  the  Sixteenth  ward  of 
the  city  of  Milwaukee. 

Section  4.  Said  viaduct  shall  be  constructed  in  a  substantial 
manner  of  iron  (except  the  floor  and  floor  beams).  It  shall  rest 
upon  iron  columns  of  suitable  size  and  dimensions  set  upon  stone 
foundations  and  shall  be  of  uniform  width  of  not  less  than  sixty 
feet  and  at  least  nineteen  feet  above  and  clear  of  railway  tracks. 
Wherever  necessary,  draw-bridges  shall  be  provided  as  well  as  suit- 
able approaches  at  both  termini  of  said  viaduct  and  such  inter- 
mediate points  as  may  be  necessary  for  safe  and  convenient  access 
thereto.  All  abutments  that  may  be  needed  shall  be  constructed 
of  masonry  in  a  solid  manner. 

Section  5.  The  common  council  shall  cause  to  be  made  a 
plan  and  detail  specification  for  doing  of  said  work,  and  the 
estimate  of  the  cost  thereof,  and  as  soon  thereafter  as  practicable, 
the  city  shall  enter  upon  the  construction  of  said  viaduct,  bridges, 
and  approaches  in  conformity  thereto.  The  city  of  Milwaukee  is 
hereby  authorized  to  enter  into  a  negotiation  with  the  Chicago, 
Milwaukee  &  St.  Paul  railway  company  for  the  payment  of  such  a 
portion  of  the  expense  of  the  construction  of  said  viaduct  by  the 
said  railway  company,  as  shall  be  agreed  upon  in  consideration  of 
any  agreement  which  shall  be  made  by  .said  railway  company  in 
regard  thereto,  to  vacate  such  portions  of  Muskego  avenue  as  are 
occupied  by  the  tracks  and  right  of  way  of  said  railway  company 
as  shall  be  desired  by  said  railway  company  and  agreed  upon  by 
said  city  and  railway  company,  after  said  viaduct  shall  be  completed 
and  the  said  railway  company  shall  have  paid  its  portion  of  the 
expense  and  cost  of  the  same  which  may  have  been  agreed  upon. 

Section  6.  The  said  viaduct  and  approaches  thereto  shall 
forever  remain  under  the  absolute  control  and  management  of  the 
city  of  Milwaukee  and  no  exclusive  rights  or  franchises  for 
purposes  of  horse  railway  communication,  the  lighting  of  streets, 
highways  or  the  like,  or  any  other  exclusive  franchises,  privileges 
or  immunities  shall  ever  be  granted  over  the  same  or  any  part 
thereof  by  said  city,  to  any  person  or  corporation  whatever. 

Section  7.  The  mayor  and  common  council  of  the  city  of 
Milwaukee  are  hereby  authorized  to  issue  the  corporate  bonds  of 
said  city  to  an  amount  not  exceeding  three  hundred  thousand 
dollars,  to  be  issued  as  follows:  fifty  thousand  dollars  after  the 
first  of  July,  1891;  one  hundred  and  fifty  thousand  dollars  after 
the  first  of  July,  1892;  one  hundred  thousand  dollars  after  the  first 
of  July,  1893.  The  proceeds  of  said  bonds  to  be  applied  to  the 
building  of  said  viaduct  and  the  procurement  of  the  right  of  way 
and  the  payment  of  all  damages  that  may  be  assessed  or  allowed 
to  the  owners  of  property  which  shall  be  purchased  or  condemned 
for  the  uses  and  purposes  in  this  act  provided;  and  such  bonds 


249 


MILWAUKEE   CITY   CHARTER. 


CHAP. 

17 


shall  be  payable  at  such  time  or  times  as  the  common  council  by 
ordinance  may  see  fit  and  determine,  with  interest  not  exceeding 
five  per  centum  per  annum.  Said  council  may  also  levy  such  tax 
or  taxes  upon  all  the  taxable  property  of  the  city  of  Milwaukee  as 
may  be  found  necessary  from  time  to  time  to  pay  the  balances  of 
the  expenses  or  cost  of  such  construction,  and  right  of  way  if 
such  there  should  be.  The  provisions  of  chapter  465,  of  the  laws 
of  1885,  as  to  form  of  bonds,  the  issue  and  sale  thereof,  the  levy 
of  taxes  creating  a  sinking  fund,  and  all  other  details  not  incon- 
sistent herewith,  are  made  applicable  to  the  bonds  herein  provided 
for,  to  be  issued  for  the  purposes  named  in  this  act.  Provided, 
that  the  common  council  of  said  city  upon  the  recommendation 
of  the  commissioners  of  public  debt  may  elect  and  specify  by 
ordinance  what  particular  bonds  issued  hereunder  shall  expire  and 
be  retired  in  each  year,  not  less  than  five  per  centum  of  the  whole 
issue,  and  said  common  council  is  hereby  authorized  to  so  elect. 

vSection  8.  In  case  the  Chicago,  Milwaukee  &  St.  Paul  Rail- 
way Company  shall  pay  a  just  and  fair  proportion  of  the  expenses 
of  constructing  the  said  viaduct,  and  of  the  right  of  way,  which 
shall  be  agreed  upon  between  the  city  of  Milwaukee  and  the  said 
railway  company,  the  city  of  Milwaukee  shall  institute  proceedings 
to  vacate  so  much  of  Muskego  avenue  as  shall  be  occupied  by  the 
tracks  and  right  of  way  of  the  said  railway  company;  and  the 
said  railway  company  shall  be  freed  and  discharged  from  any 
obligation  to  build  or  construct  any  viaduct,  causeway  or  passage 
way,  for  public  use  over  any  part  of  Muskego  avenue,  although  its 
tracks  may  be  multiplied  and  extended,  or  additional  territory  in 
the  future  be  occupied  by  the  railway  for  its  purposes.  But 
nothing  herein  contained  shall  be  construed  so  as  to  lessen  or 
impair  the  right  of  the  city  of  Milwaukee  to  require  or  compel 
tlie  said  railway  company  to  construct  causeways,  bridges  or 
viaducts  over  any  other  street  in  said  city.  And  in  case  the 
Chicago.  Milwaukee  &  St.  Paul  Railway  and  the  city  of  Milwaukee 
shall  fail,  neglect  or  refuse  to  make  and  enter  into  the  agreement 
above  named,  then  and  in  such  case  the  right  and  power  of  the 
city  to  require  and  compel  the  railway  company  to  construct  a 
bridge,  causeway  or  viaduct  over  any  part  of  Muskego  avenue, 
shall  in  no  wise  be  lessened,  abridged  or  impaired. 

Section  9.  Chapter  476,  of  the  laws  of  1887,  and  chapter  231, 
of  the  laws  of  1889,  and  all  other  acts  and  parts  of  acts  contra- 
vening the  provisions  of  this  act  are  hereby  repealed. 

vSection  10.  The  board  of  public  works  shall  have  power  and 
authority  by  and  under  the  direction  of  the  common  council,  to 
enter  into  contract  or  contracts  for  doing  all  the  work  of  erecting 
and  constructing  viaduct  and  approaches  herein  provided  for 
without  any  other  appropriation  for  doing  such  work  than  is 
herein  provided,  and  in  advance  of  and  prior  to  the  issuance  and 
disposal  of  the  bonds  herein  authorized  to  be  issued  and  disposed 
of  during  the  year  1892.  The  common  council  shall,  from  time  to 
time,  during  the  progress  of  said  work  in  the  erection  and  construc- 
tion of  said  building,  appropriate  out  of  the  funds  realized  from 
the  proceeds  of  the  sale  of  the  bonds,  as  herein  provided,  such  sum 


C,  M.  &  St.  P.  Ry. 
Co.  to  pay  part  of 
expense  of  con- 
structing viaduct 


Repeals  chapter 
476,  laws  of 
1887,  and  chap- 
ter 231,  laws  of 
1889. 

Board  of  public 
works  may  make 
contracts  for 
building  viaduct. 


CHAP. 

17 


Duty  of  comp- 
troller. 


MILWAUKEE   CITY   CHARTER. 


250 


Certain  sections  of 
charter  not  to 
apply. 


or  sums  as  may  become  necessary  and  required  for  defraying  the 
cost  of  the  erection  of  said  building,  not  exceeding  in  any  one 
year  the  amount  realized  from  the  sale  of  said  bonds. 

Section  11.  It  shall  be  the  duty  of  the  comptroller  to  counter- 
sign any  contract  or  contracts  for  doing  the  work  of  erecting  and 
constructing  the  said  viaduct  and  approaches  herein  provided  for, 
which  shall  be  made  and  entered  into  by  the  said  board  of 
public  works,  as  aforesaid;  provided,  however,  that  the  amount  of 
money  to  be  expended  and  the  liability  to  be  incurred  by  such 
contract  or  contracts  shall  not  exceed  the  amount  of  bonds  author- 
ized to  be  issued  for  the  purpose  of  such  contract  or  contracts, 
and  the  amount  of  the  fund  to  be  realized  from  the  sale  of  such 
bonds. 

Section  12,  The  provisions  of  section  14  and  15,  of  chapter  5> 
of  the  charter  of  the  city  of  Milwaukee,  as  revised  and  amended, 
and  any  other  provision  or  provisions  of  said  charter  which  are 
inconsistent  with  the  provisions  of  this  act,  shall  not  apply  to  the 
contract  or  contracts  to  be  made  and  entered  into  for  the  purposes 
and  under  the  provisions  of  this  act. 


Common  council 
may  issue  corpor- 
ate bonds. 


City  hall. 

Waterworks  and 
sewers. 

School  buildings. 


Engine  houses  and 
equipments. 


Police  station. 


Viaducts  and 
bridges. 


CHAPTER  311,  LAWS  OF  1893, 

AN  ACT  to  authorize  cities  operating  under  special  charters 
granted  by  the  legislature  of  this  state  and  containing  a  popula- 
tion of  three  thousand  or  more  inhabitants,  to  issue  corporate 
bonds,  for  certain  purposes. 

Section  1.  The  common  council  of  any  city  incorporated  by 
and  operating  under  a  special  charter  granted  by  the  legislature  of 
this  state,  containing  a  population  of  three  thousand  inhabitants 
or  more,  as  shown  by  the  last  state  or  national  census,  is  hereby 
authorized  to  issue  corporate  bonds,  payable  in  lawful  money  of 
the  United  States  within  twenty  years  from  their  issue,  bearing 
interest  payable  annually  or  semi-annually  at  a  rate  not  exceeding 
six  per  cent,   per  annum,  for  the  following  purposes: 

1.  For  the  erection  and  construction  of  a  city  hall  and  the 
purchase  of  a  site  for  the  same. 

2.  For  the  construction  and  extension  of  water  works,  or  the 
purchase  of  the  same,  and  for  constructing  sewers,  and  for  the 
improvement  and  maintenance  of  the  same. 

3.  For  the  erection,  construction  and  completion  of  school 
buildings,  and  the  purchase  of  school  sites. 

4.  For  the  purchase  of  sites  for  engine  houses,  for  fire  engines 
and  other  equipments  of  the  fire  department,  and  for  the  construc- 
tion of  engine  houses. 

5.  For  the  purchase  of  sites  for  police  stations,  and  for  the 
construction  of  buildings  thereon  for  the  use  of  the  police 
department. 

6.  For  the  construction  of  viaducts,  bridges,  and  for  repairs  of 
the  same. 


251 


MILWAUKEE   CITY   CHARTER. 


CHAP. 


Library  and 
museum 
buildings. 

Public  bath  and 
hospitals. 

Public  parks. 


7.  For  the  erection  and  construction  of  library  and  museum 
buildings,  and  the  purchase  of  sites  for  the  same. 

8.  For  the  establishment  of  public  baths  and  hospitals,  and  the 
purchase  of  sites  for  the  same. 

9.  For  the  purchase  of  lands  for  public  parks  and  improve- 
ments thereof,  and  for  the  payment  of  purchase  money  and  interest 
thereon  which  may  be  or  become  due  for  park  lands  already 
acquired  or  contracted  for, 

10.  For  permanently  improving  streets  in  such  city  and  for    improving  streets, 
creating  a  fund  out  of  which  to  advance  the  cost  of  repairs  to  side- 
walks, in  anticipation  of  the  collection  of  special  assessments  for 

such  cost  of  repairs  by  the  treasurer  of  such  city. 


11.  For  the  construction  or  purchase  of  electric  or  gas  light 
plants  for  lighting  streets  and  public  buildings, 

12.     For  refunding  existing  indebtedness. 

Section  2,  No  bonds  shall  be  issued  under  the  provisions  of 
this  act,  and  no  contract  shall  be  entered  into  or  obligation  incurred 
by  any  such  city  in  contemplation  of  the  issue  of  such  bonds  in  the 
future,  unless  such  contract  or  obligation  and  the  issue  of  such 
bonds  for  the  payment  of  the  same  shall  have  been  authorized  by 
ordinance  adopted  by  a  vote  in  favor  of  the  same  of  at  least  three- 
fourths  of  all  the  members  of  the  common  council  elect,  said  vote 
to  be  at  a  regular  meeting  of  such  common  council,  not  less  than 
one  week  after  the  proposed  ordinance  shall  have  been  published 
in  the  official  paper  of  such  city;  and  provided,  that  no  such  bonds 
shall  be  issued  so  that  the  amonnt  thereof,  together  with  all  the 
other  indebtedness  of  such  city,  shall  exceed  five  per  cent,  of  the 
assessed  valuation  of  such  city  at  the  last  assessment  for  state  and 
county  taxes  previous  to  the  incurring  of  such  indebtedness. 

Section  3.  Bonds  issued  under  the  authority  of  this  act  shall 
be  executed  and  disposed  of  in  the  manner  provided  by  the  charter 
of  the  city  issuing  the  same,  and  where  the  charter  shall  fail  to 
provide  such  manner,  the  common  council  of  the  city  authorizing 
the  issue  of  such  bonds  shall,  by  ordinance,  provide  the  manner 
in  which  the  same  shall  be  executed  and  disposed  of.  In  all  cases, 
however,  all  such  bonds  shall  bear  an  appropriate  name,  indicat- 
ing the  purpose  of  their  issue,  and  shall  be  consecutively 
numbered,  and  shall  have  interest  coupons  attached,  and  shall 
show  on  their  face  the  amount  of  indebtedness  of  the  city  issuing 
the  same,  the  annual  amount  of  the  assessment  of  the  taxable 
property  therein  for  the  five  years  next  preceding  the  issue,  and 
the  average  amount  thereof,  and  shall  not  be  sold  for  less  than 
their  par  value  and  accrued  interest. 

Section  4.  The  common  council  of  any  city  included  in  this 
act  is  hereby  empowered  to  provide  for  the  purchase  of  the  real 
and  personal  property,  and  lor  the  construction  of  the  buildings 
mentioned  in  the  first  section  of  this  act,  and  to  determine  the 
amount  of  the  appropriation  necessary  therefor,  and  for  the 
purpose  of  entering  into  any  contract  or  contracts  for  such  purchase 
or  construction,  the  amount  of  bonds   issued   or  to   be   issued  for 


Electric  and  gas 
light  plants. 

Refunding  indebt- 
ness. 

Ordinance  author- 
izing bonds  to  be 
adopted  by  three- 
fourths  vote. 


Ordinance  to  be 
published. 

Limitation  of  in- 
debtedness. 


Bonds,  execution 
and  disposal  of. 


Bonds,  what  to 
show. 


Powers  of  common 
counciL 


CHAP.  MILWAUKEE   CITY   CHARTER.  2.52 

17 

that  purpose  shall  be  treated  as  cash  on  hand;  but  no  such  power 
shall  be  exercised,  or  contract  entered  with  or  obligation  incurred 
by  the  common  council  of  any  such  city  except  by  ordinance 
adopted  as  prescribed  in  section  2,  of  this  act. 

Tax  to  pay  bonds,  Section  5.  The  common  council  of  any  city,  having  issued 
how  to  be  levied,  bonds  authorized  by  this  act,  shall  annually  levy  a  tax  upon  all 
the  taxable  property  within  such  city,  sufficient  to  pay  the  annual 
interest  thereon,  and  to  provide  a  sinking  fund  each  year  equal  to 
five  per  cent,  on  the  principal  of  said  bonds  for  the  payment  of 
said  bonds. 

The  foregoing  law  held  valid. 

Johnson  vs.  Milwaukee,  88  Wis.,  383. 

City  bonds  conditioned  for  the  payment  of  the  principal  sum  at 
a  specified  time,  "  together  with  interest  thereon  at  ten  percent, 
per  annum,  payable  annually  on  presentation  of  the  annexed 
warrants,"  continue  to  draw  interest  at  the  same  rate  after  default 
in  payment  of  the  principal,  such  rate  being  higher  than  that 
fixed  by  law  in  the  absence  of  special  contract. 
Pruyn  vs.  Milwaukee,  18  Wis.,  386. 


CHAPTER  XVIII. 

ASSESSMENT   AND   COLIvECTlON   OF   TAXES. 

Property  subject  to       SECTION  1.     All  property  in  said  city,   real,  personal, 
taxation.  or  mixed,  shall  be  subject  to  taxation   for  all  purposes 

authorized  by  law,  excepting  only  such  property  as  is  or 
shall  be  exempted  from  taxation  by  general  laws  exempt- 
ing from  taxation  throughout  the  .state  particular  classes 
of  property  or  property  of  particular  classes  of  corpora- 
tions or  persons;  and  the  same  shall  be  assesed  in  the 
Powers  of  citv  manner  hereinafter  provided;  and  the  assessors  appointed 
assessors.  under  this  act  shall  have  and  possess  the  same  powers  that 

are.  or  may  be,  conferred  upon  township  assessors,  except 
so  far  as  they  may  be  altered  by  this  act;  and  the  common 
council  may  prescribe  the  form  of  assessment  roll,  or  more 
fully  define  the  duties  of  assessors,  and  make  such  rules 
and  regulations  in  relation  to  revising,  altering  or  adding 
to  such  rolls,  as  they  may  from  time  to  time  deem  advis- 
able; provided,  that  the  same  shall  not  be  inconsistent 
with  the  provisions  of  this  act. 

The  "accumulated  profits"  of  a  bank,  which  have  not  been 
divided  among  the  stockholders,  but  havie  been  retained  for  banking 
purposes,  are  hot  a  part  of  its  capital  stock  in  such  a  sense  as  to  be 
exempt  from  the  general  rules  of  taxation  applicable  to  other 
taxable  property. 

State  Bank  vs.  Milwaukee,  18  Wis.,  295. 


253  MILWAUKEE   CITY   CHARTER.  CHAP. 

18 

A  court  of  equity  has  no  jurisdiction  to  restrain  the  collection 
of  taxes  illegally  or  improperly  assessed  upon  personal  property, 
since  the  party  injured  has  an  ample  remedy  at  law. 
Van  Cott  vs.  Supervi.sors,  18  Wis.,  259. 

An  excessive  valuation  of  property  intentionally  made,  for  the 
purpose  of  compelling  the  owner  to  pay  more  than  his  just  propor- 
tion of  the  taxes,  is  a  sufficient  ground  for  declaring  the  assess- 
ment void. 

MiL  Iron  Co.  vs.  Hubbard,  29  Wis.,  51. 

The  intentional  omission  from  the  assessment  roll  of  valuable 
property  which  should  have  been  assessed  vitiates  the  whole  tax 
levied  upon  such  roll. 

Weeks  vs.  Milwaukee,  10  Wis.,  186. 

G.  B.  &  M.   Canal  Co.   vs.   Outagamie  Co.,  76  Wis., 

587. 
Smith  vs.  Smith,  19  Wis.,  649. 
Hersey  vs.  Supervisors,  16  Wis.,  198. 

The  articles  of  incorporation  of  a  steamship  company,  provided 
its  principal  office  should  be  in  the  town  of  Lake.  It  had  an  office 
there  where  were  held  the  meetings  of  stockholders  and  directors, 
both  annual  and  special,  but  all  its  other  and  general  business  was 
transacted  at  the  office  in  Milwaukee  of  its  president  and  secretary. 
Heldy  that  for  the  purposes  of  taxation  its  "principal  office  and 
place  of  business  ' '  was  in  Milwaukee. 

Mil.  Steamship  Co.  vs.  Milwaukee,  83  Wis.,  590. 

Section  2.     The  mayor  shall  appoint  and  submit  to  Tax  commissioner 

the    common    council   at   its   first    regular    meeting    in     how  appointed. 

December  of  every  third  year  for  its  confirmation,   a  tax 

commissioner,    whose   term   of   office    shall    commence 

on  the  first  day  of  January  ensuing  such  meeting   and 

who  shall  at  the  time  of  his  appointment,  be  a  resident 

freeholder  in  said  city  of  Milwaukee.    Such  commissioner 

shall  take  and  subscribe  an  oath  of  office  and  shall  execute 

and  deliver  to  the  city  of  Milwaukee  a  bond  in  the  penal  ou  n   ■     u    a 
c  ^       ^1  1   1   11  -1  1  .       Shall  give  bond. 

sum  of  five  thousand  dollars  with,   at  least,    two  sureties 

for  the  faithful  performance  of  his  official  duties,  which 

bond    shall    be    approved   by   the  comptroller  as  to  its 

sufficiency,  and  by  the  city  attorney  as  to  its  form  and 

execution.     The  present  tax  commissioner  shall  remain 

in   office  until  the   expiration   of  three  years   from    the 

first  Monday  of  December,  1884.     The  said  tax  commis-   „ 

.  '  May  appoint 

sioner  may  appoint  a  deputy  tax  commissioner  who  is     deputy. 

hereby  authorized  to  do  all  acts  required  by  law  of  the 

tax  commissioner,  but  said  tax  commissioner  shall  be 

responsible  to  the  city  and  to  any  person  interested  for 


CHAP.  MILWAUKEE   CITY   CHARTER.  254 

18 

all  acts  of  his  said  deputy.  The  said  tax  commissioner 
shall  receive  in  addition  to  his  salary  now  fixed  bj^  law 
in  full  payment  of  his  deputy  and  all  clerk  hire  in  his 
said  office  the  sum  of  twenty-two  hundred  dollars  per 
annum. 

As  amended  by  Section  46,  Chapter  144,  Laws  of  1875,  further 
amended  by  Section  2,  Chapter  ?91,  Laws  of  1885. 

See  State  ex  rel.  Milwaukee  Street  Railway  Co.  vs. 
Anderson,  63  N.  W.  746. 


CHAPTEB    191,    LAWS    OF    1889. 

May  fix  salary  of        Section  1.     The  common  council   shall   hereafter  have    full 

deputy  tax   com-  power  to  fix,  by  resolution  or  ordinance,  the  salary  of  the  deputy 

missioner,  and  tax  commissioner,  and  to  increase  from  time  to  time,  the  compen- 

wages  for  clerk  sation  for  all  clerk  hire  in  the  tax  commissioner's  office,  in  propor- 

""'®-  tion  to  the  increase  of  the  clerical  work  therein. 

Suction  2.     All  acts  and    parts   of  acts  conflicting  with   the 
provisions  of  this  act  are  hereby  repealed. 

Tax  commissioner  SECTION  3.  Said  tax  commissioner  shall  have  an 
to  keep  record  of  office,  which  shall  be  kept  open  during  the  usual  business 
iect  t(f taxation"  ^^urs  of  each  business  day  during  the  term  of  his  office; 
and  shall,  in  suitable  books  provided  for  the  purpose, 
keep  a  record  of  all  lots,  blocks,  fractional  lots,  or  parcels 
of  land  contained  in  said  city,  with  the  assessed  value  of 
each  in  separate  columns,  together  with  the  assessed 
value  of  the  improvements  theron,  and  the  name  of  the 
owner  of  each,  and  the  street  and  number  of  his  residence 
as  far  as  possible,  during  each  and  every  year  of  the  term 

Names  of  persons  of  his  office;  and  shall  also  keep  a  record  of  the  names  of 
liable  for  personal  all  persons  liable  to  assessment  for  personal  property 
during  each  year  of  the  term  of  his  office,  with  the  amount 
assessed  to  each  person;  and  as  far  as  posible  shall  cause 
to  be  entered  upon  said  record  in  a  suitable  column, 
opposite  the  name  of  such  person  so  assessed ,  an  accurate 
description  of  the  class  of  such  personal  property,  whether 

Character  of  per-  bonds,  stocks,  mortgages  or  money,  notes,  accounts, 
sonal  property.  choses  in  action  of  any  kind,  or  merchandise,  manufac- 
turers' stock,  capital  invested  in  business,  household 
goods,  vessels,  pianos,  horses  and  carriages,  sewing 
machines,  watches,  etc.,  and  any  and  all  other  personal 
property,  taxable  under  the  laws  of  Wisconsin. 

Record  of  vessels.       SECTION  4.     He  shall  also  keep  a  record  of  all  vessels 
registered  in  the  books  of  the  custom  house  at   the  port 


255  MILWAUKEE   CITY   CHARTER.  CHAP. 

18 

of  Milwaukee,  with  the  names  of  the  owners  residing  in 
Milwaukee,  and  the  amount  of  the  interest  held  by  each 
said  owner,  together  with  all  other  information  in  rela- 
tion thereto  which  may  be  serviceable  in  making  an  assess- 
ment of  the  vessel  property  owned  in  whole  or  in  part  by 
any  resident  of  the  city  of  Milwaukee. 

Section  5.     Said  tax  commissioner  shall  also  procure  gj^^n  ^^^^  -i^^g  q| 
and  keep  on  file  in  his  office  all  published  plats  of  all     lots,  .blocks,  etc. 
lots,  blocks,  additions,  divisions  and  subdivisions  of  lots 
or  lands  which  have  been  duly  authorized  by  the  common 
council,    and  all    other   matters     or   information    which 
may  be  valuable  in   making  an  assessment  of  the    real 
and  personal  property  in    the   said   city   of  Milwaukee. 
He  shall  also  cause  to  be  copied  in  a  book  provided  for 
that  purpose,  all  complaints  made  in  writing  at  any  time 
in  said  office  of  the  said  tax  commissioner,  of  excessive  gj^^jj  j^^^    record 
or  erroneous  assessments,  either  of  real  or  personal  estate,     of  complaints. 
which  said  complaints  shall  be  considered  and  disposed 
of  by  the  board  of  assessors  at  their  first  meeting  there- 
after, in  the  order  of  their  entry,  unless  otherwise  ordered 
by  said  board. 

Section  6.  The  mayor,  with  the  concurrence  of  the  y^^^^^j  assessors 
common  council,  shall,  on  the  first  Monday  of  January  when  and  how 
in  every  second  year,  appoint  an  assessor  for  each  ward  ^PPO'"*®"- 
in  said  city  of  Milwaukee,  whose  term  of  office  shall 
commence  on  the  first  day  of  February  following,  who 
shall  have  been  recommended  to  him  by  the  tax  commis- 
sioner, and  who  shall  be  a  resident  of  the  ward  for 
which  he  is  appointed,  at  the  time  of  his  appointment, 
and  who  shall  continue  to  reside  in  such  ward  during  the 
term  for  which  said  appointment  is  made.  Said  assessors 
shall  each  take  the  oath  of  office  provided  by  law  to  be 
taken  and  subscribed  by  ward  or  town  assessors;  and 
said  ward  assessors,  with  said  tax  commissioner,  shall 
constitute  the  board  of  assessors,  of  which  board  said 
tax  commissioner  shall  be  ex-officio  the  president.  The 
present  assessors  shall  remain  in  office  until  the  first 
day  of  February,  1887,  unless  sooner  removed  according 
to  law. 

As  amended  by  Section  3,  Chapter  391,  Laws  of  1885. 

The  appointment  of  assessors  in  the  manner  above  provided  for, 
instead  of  their  being  elected  by  the  people,  is  legal,  and  not  in 
conflict  with  Sec.  1.  Art.  VIII,  of  the  constitution. 

State  ex  rel.  vs.  Anderson,  63  N.  W.  746. 


CHAP. 

18 


Council  may  pro- 
vide for  assistant 
assessors. 


Duties    and 
pensation. 


com- 


MILWAUKEE   CITY   CHARTER. 


CHAPTER  328.  LAWS  OF  1891. 


256 


AN  ACT  amending  the  charter  of  the  city  of  Milwaukee,   and 
providing  for  the  appointment  of  assistant  assessors  therein. 

Section  1,  It  shall  be  lawful  for  the  common  council  of  the 
city  of  Milwaukee,  to  provide  by  resolution  or  ordinance,  either 
for  extra  compensation,  or  assistants  to  those  assessors,  whose 
wards  or  districts  have  been  enlarged  and  whose  labor  has  been 
increased  by  annexation  of  additional  territory  to  the  city.  Such 
assistants,  if  needed,  shall  be  appointed  in  the  same  manner  as 
assessors,  and  shall  be  residents  of  the  respective  wards  for  which 
they  are  appointed.  They  shall  enter  upon  their  duties  under  the 
direction  of  the  tax  commissioner,  for  such  time  and  at  such 
compensation  as  the  common  council  shall  determine.  They  shall 
take  the  oath  required  of  city  officers  and  shall  have  the  same 
authority  under  the  law  as  regular  assessors.  Where  an  assessor 
and  an  assistant  assessor,  shall  be  appointed  for  any  ward,  the  tax 
commissioner  shall  designate  the  property  and  terrritory  to  be 
assessed  by  each. 


Present  incum- 
bents. 


Section  7.  The  tax  commissioner  and  ward  asses- 
sors now  in  office  shall  continue  in  office  until  the  expira- 
tion of  the  respective  terms  for  which  they  were  appointed, 
and  the  first  appointments  by  the  mayor  under  sections 
two  and  six  of  this  chapter,  shall  be  made  at  the  expira- 
tion of  the  terms  of  the  present  commissioner  and 
assessors  respectively,  unless  a  vacancy  shall  sooner 
occur. 


Ward  assessors, 
how  removed 
from  office. 


Duties  of 
assessors. 


Section  8.  The  tax  commissioner  of  the  said  city 
shall  have  power,  with  the  written  approval  of  the 
mayor,  to  remove  from  office  any  assessor  in  the  said 
city  who  shall,  in  his  opinion,  be  incompetent,  or  neglect 
to  perform  the  duties  of  his  office.  The  mayor  and 
common  council  shall  have  power  to  make  appointments 
to  fill  the  vacancy  or  vacancies  caused  by  such  removal, 
or  occurring  in  any  other  manner,  and  such  appointments 
shall  be  made  in  all  respects  in  the  same  manner  as  pro- 
vided in  section  six  of  this  chapter  for  original  appoint- 
ments to  said  office,  and  the  assessors  so  appointed  to 
fill  vacancies  shall  hold  their  office  for  the  unexpired 
term. 

Section  9.  Said  assessors  shall,  as  soon  after  their 
appointment  as  practicable,  under  the  direction  of  said 
tax  commissioner,  proceed  to  examine  and  determine  the 
valuation  of  all  taxable  real  and  personal  estate  within 
their  several  wards.  Schedules  or  rolls  of  all  the  taxable 
real  estate  in  each  said  ward,  and  also  a  list  of  the  names 


257  MILWAUKEE  CITY   CHARTER.  C"*P- 

18 

of  all  persons  assessed  for  personal  property  in  each  ward, 

shall  be  furnished  by  the  said  tax  commissioner  to  the 

said  assessors  respectively,  to  aid  them  in  the  performance 

of  their  duties,  and  upon  which  they  shall  enter  their 

valuation;    and    said    assessment    rolls    shall    be    fully 

completed  and  filed  in  the  oflSce  of  the  said  tax  commis-   Completion  of  as- 

sioner  within  the  time  provided  by  law  for  the  completion     sessment  rolls. 

of  the  same. 


Section  10.     The  ward  assessors,  in  the  listing,  assess-   Assessment  of 

buildi 
subdi 
land. 


ment  and  valuation  of  real   and  personal  property  liable     buildings,  and 
^.         .      ^,    .  1  J  J   •     4.1,  subdivisions  of 

to   taxation   in   their   several  wards,  and  m  the  review, 


equalization  and  correction  of  their  assessments,  shall 
proceed  in  the  manner  prescribed  by  the  general  laws  of 
this  state,  except  as  otherwise  provided  in  this  act. 
Where  there  are  buildings  upon  any  lot  or  parcel  of  land, 
the  value  of  the  same  shall  be  set  forth  in  a  separate 
column.  The  assessors  may,  if  they  deem  it  advisable, 
assess  any  lot  or  tract  of  land  in  such  parcels  or  such  sub- 
divisions as  they  may  deem  proper,  but  it  shall  not  be 
necessary  to  enter  the  name  of  the  owner  opposite  to  any 
tract  or  parcel  of  land. 

Section  11.     On  the  receipt  of  the  rolls  of  the  several  j^^  commissioner 
ward  assessors,   with  their  valuation  and  assessments  of    to  publish  notice, 
real  and  personal  property,  from  all  the  wards,   the  tax     ®"^" 
commissioner   shall   give   notice   by   publication   in  the 
ofiicial  papers  of  said  city  for  ten  days,  that  on  a  certain 
day  therein  named  for  each  ward,  the  assessment  roll  for 
said  ward  will  be  open  for  the  examination  of  the  taxable 
inhabitants  thereof;  and  the  tax  commissioner  and  ward 
assessors  shall  make  all  necessary  additions  to  such   roll, 
and  correct  the  same  by  changes  in  valuation  or  descrip-   QQ,.rggtiQn  Qf  roll 
tion,  so  as  to  make  the  roll  as  perfect  as  possible.     Any 
act  done  by  a  majority  of  the  board  of  assessors,  shall 
have  the  same  force  and  effect  as  if  done   by   the   tax 
commissioner  and  all  the  assessors  appointed  under  this 
act.     After  the  corrections  are  made,   the  tax  commis- 
sioner shall  submit  the  corrected  assessment  rolls  to  the 
board  of  review. 

Section  12.     The  mayor,  city  clerk,  tax  commissioner  g^^^j  of  review, 
and  ward  assessors  shall  constitute  the  board  of  review 
for  said  city.     Said  board  shall  meet  annually,   at  the 
time  fixed  by  the  laws  of  the  state,  and  proceed,  as  such 
board,  to  review,  examine,  and  correct  such  assessment 


CHAP.  MILWAUKEE   CITY   CHARTER.  258 

18 

rolls,  and  in  so  doing  shall  have  and  exercise  all  the 
powers  and  perform  all  the  duties  of  a  board  of  review, 
as  the  same  are,  or  may  be  prescribed  by  the  general  laws 
of  this  state,  except  as  may  be  otherwise  provided  in  this 
Notice  of  time  and  act.  Notice  of  the  time  and  place  of  the  meeting  of 
place  of  meeting,  g^^,]^  board  of  review,  signed  by  the  city  clerk,  shall  be 
published  for  ten  days  in  the  official  papers  of  the  city, 
prior  to  the  day  of  such  meeting.  The  concurrence  of  a 
majority  of  the  board  shall  be  sufficient  to  decide  any 
question  to  be  passed  upon  by  the  board  of  review. 

The  members  of  the  board  of  review  act  judicially,  and  they 
are  not  liable  in  a  civil  action  for  their  acts  as  such  members. 
Steele  vs.  Dunham,  26  Wis.,  393. 

State  ex  rel.    Mil.  St.  Ry.   vs.  Anderson,  63  N.  W., 
746. 

Rolls  to  be  Section  13.     After   the   rolls   have   been   examined, 

delivered  to  city  corrected    and   completed  by   the  board  of  review,   and 
^^^  '  within  the  time   prescribed   by  law,    the   assessor   shall 

annually  deliver  the  same  as  completed,  duly  verified  by 
their  respective  oaths  annexed  thereto,  as  required  by 
law,  together  with  the  sworn  statements  and  valuations 
of  personal  property,  to  the  city  clerk,  who  shall  file  and 
preserve  such  statements  and  valuations  in  his  office. 

Duty  of  the  city  SECTION  14.     The    city   clerk    upon    receiving   such 

clerk.  assessment  rolls,  shall  examine  and  perfect  the  same,  and 

make  out  therefrom  a  complete  tax  roll,  in  the  manner 
and  form  as  provided  by  law.  Such  tax  roll  may  be 
bound  in  one  or  more  volumes,  but  shall  be  consecutively 
paged,  and  such  volumes,  if  more  than  one,  shall  be  con- 
secutively numbered,  and  shall  be  referred  to  by  their 
numbers  in  a  warrant  attached  to  such  tax  roll  as  pro- 
vided in  the  next  section.  The  common  council  shall 
thereupon,  by  resolution,  levy  such  sum  or  sums  of 
money,  or  taxes,  as  may  be  sufficient  for  the  several 
purposes  for  which  taxes  are  by  law  authorized  to  be 
levied  in  said  city,  not  exceeding,  however,  the  amounts 
authorized  by  law,  particularly  specifying  in  such  resolu- 
tion the  purposes  for  which  the  same  are  levied  and  if  not 
for  general  city  purposes,  the  ward  or  district  of  the  city 
in  or  upon  which  the  same  are  levied. 

As  amended  by   Section   39,   Chapter  144,    Laws  of  1875,  and 
further  amended  by  Section  49,  Chapter  324,  Laws  of  1882. 

The  legislature  cannot  create  a  public  debt,  or  levy  a  tax,  or 
authorize  a  municipal  corporation  to  do  so,  in  order  to  raise  funds 


25«  MILWAUKEE   CITY   CHARTER.  CHAP. 

18 

for  a  m.Qr&\y  private  purpose.  The  objects  for  which  money  is  to 
be  raised  by  taxation  must  be  public,  and  such  as  subserve  the 
common  interest  and  well-being  of  the  community  required  to 
contribute. 

Brodhead  vs.  Milwaukee,  19  Wis.,  658. 

Section  15.  As  soon  as  said  sums,  or  taxes,  shall  be  Apportionment  of 
levied,  the  common  council  shall  cause  the  same  to  be  taxes, 
apportioned  and  extended  upon  said  tax  roll,  upon  a 
uniform  percentage,  by  setting  opposite  to  the  description 
of  each  lot,  tract,  or  parcel  of  land,  and  to  the  name  of 
each  person  named  in  said  roll,  in  proper  columns,  such 
proportionate  share  of  the  sums,  or  taxes,  so  levied,  as 
may  be  chargeable  upon  such  lot,  tract,  or  parcel  of  land, 
or  against  such  person.  To  such  tax  roll  shall  be 
appended  a  warrant  signed  by  the  mayor  and  clerk,  and  Warrant  to  city 
sealed  with  the  corporate  seal  of  said  city,  directed  to  the  t'*easurer. 
city  treasurer,  requiring  and  commanding  him  to  collect 
the  taxes  and  assessments  in  said  tax  roll  specified,  in  the 
manner  prescribed  by  this  act,  and  in  case  said  taxes  and 
assessments  shall  not  be  paid  within  such  time  as  in  said 
warrant  shall  be  specified,  that  then  he  shall  proceed  to 
sell  the  several  lots  or  parcels  of  land,  or  those  parts 
thereof  upon  which  said  taxes  or  assessments  shall  remain 
unpaid,  and  to  make  due  return  to  the  common  council, 
within  such  time  as  shall  be  fixed  in  said  warrant.  Such 
warrant  shall  be  signed,  and  such  tax  roll  and  warrant 
shall  be  delivered  to  the  city  treasurer  on  the  second 
Monday  of  December  in  each  year. 

As  amended  by  Section  40,  Chapter  144,  L/aws  of  1875. 

Section  16.  Such  tax  roll,  before  being  delivered  to  Compared  and  cer- 
the  treasurer,  shall  be  compared  by  the  clerk  with  the  W'jd  copy  of  tax 
assessment  rolls  on  file  in  his  office,  as  corrected;  and 
said  clerk  shall  cause  the  several  columns  of  valuations 
of  property,  and  of  taxes  and  assessments  thereon,  in 
said  roll,  to  be  footed  up  and  the  sum  of  each  column  to 
be  set  down  at  the  foot  thereof,  and  the  sum  totals  of  each 
ward  to  be  set  down  at  the  foot  of  the  last  columns  of  the 
roll  for  each  ward,  and  a  summary  of  the  totals  for  the 
several  wards  and  for  the  whole  city  to  be  set  down  at 
the  end  of  said  tax  roll,  showing  separately  the  totals  of 
valuations  and  of  taxes  and  assessments  upon  real  estate 
and  personal  property  respectively  for  the  whole  city  and 
for  each  ward  thereof,  and  to  said  tax  roll  he  shall  append 


CHAP. 

18 


MILWAUKEE   CITY   CHARTER. 


260 


his  certificate  that  the  same  has  been  so  compared  by 
him  and  that  the  said  assessment  rolls  and  the  whole 
thereof  have  been  copied  into  such  tax  roll;  and  the  said 
tax  roll,  when  so  certified,  shall  be  prima  facie  evidence 
in  any  court  that  the  lands  and  persons  therein  named 
were  subject  to  taxation,  and  that  the  assessment  was 
just  and  equal. 

As  amended  by  Section  48,  Chapter  324,  I^aws  of  1882. 


Causes  for  remis- 
sion of  taxes. 


Clerical  error  in 
description,  trans- 
fer or  extension. 


Clerical  error  as  to 
special  taxes. 


Mistake  in  im- 
provements. 


Exempt. 


Double  assess- 
ment. 


Same. 


Tax  levied  on  prop- 
erty not  in  exist- 
ence. 


Section  17.  After  the  assessment  roll  is  completed, 
the  rate  of  taxation  is  fixed,  the  taxes  are  extended  and 
the  tax  roll  is  placed  in  the  hands  of  the  city  treasurer 
for  collection,  it  shall  not  be  lawful  for  the  common 
council  to  remit,  annul,  or  cancel  any  tax  charged 
against  any  real  or  personal  property,  except  in  the 
following  specified  cases: 

1st.  When  a  clerical  error  has  been  made  in  the 
description  or  transfer  of  the  property  from  the  original 
assessment  books  to  the  tax  roll,  or  in  the  extension  of 
the  tax. 

2d.  When  a  clerical  error  has  been  made  whereby  any 
property  in  the  city  becomes  wrongly  charged  or  assessed 
with  certificates  of  board  of  public  works,  or  with  special 
taxes  for  water  pipe,  sewers,  street  work  and  all  other 
work  or  improvements. 

3d.  When  improvements,  by  the  erection  of  buildings, 
have  been  assessed  on  lots  or  lands  where  none  had 
been  made  at  the  time  fixed  by  law  for  making  the 
assessments. 

4th.  When  the  tax  is  manifestly  illegal  and  void  by 
reason  of  the  exemption  of  the  property  from  taxation 
by  law. 

5th.  When  a  person  has  been  assessed  the  same  year 
for  the  same  personal  property  in  more  than  one  ward. 

6th.  When  the  same  personal  property  has  been 
assessed  the  same  year  more  than  once  in  the  city. 

7th.  When  the  tax  is  levied  for,  upon  or  on  account 
of  specific  tangible  personal  property,  or  buildings,  not  in 
fact  in  existence,  on  the  first  day  of  May  in  the  year 
of  such  levy. 

As  amended  by  Section  41,  Chapter  144,  Laws  of  1875,  and 
further  amended  by  Section  50,  Chapter  324,  Laws  of  1882  and 
Chapter  190,  Laws  of  1891. 


261  MILWAUKEE   CITY   CHARTER.  CHAP. 

18 

Section  18.  All  taxes  and  assessments,  general  or  Taxes  and  assess- 
special,  levied  under  this  act,  shall  be  and  remain  a  lien  '"©"ts  a  lien  on 
upon  the  lands  and  tenements  upon  which  they  may  be  jonal  property. 
assessed,  from  the  time  of  the  filing  of  such  assessment 
rolls  in  the  office  of  the  city  clerk,  and  on  all  personal 
property  of  any  person  or  body  politic  assessed  for  personal 
taxes,  from  the  delivery  of  the  warrant  for  the  collection 
thereof,  until  such  tax  shall  be  paid;  and  no  sale  or 
transfer  of  such  real  or  personal  estate  shall  affect  such 
lien;  provided,  that  as  between  the  grantor  and  grantee 
of  any  land  or  lot,  when  there  is  no  express  agreement 
as  to  which  shall  pay  the  taxes  or  assessments  that  may 
be  assessed  or  become  chargeable  thereon  before  the 
conveyance,  if  such  land  is  conveyed  even  with  or  prior 
to  the  date  of  the  warrant  authorizing  the  collection  of 
such  taxes  or  assessments,  then  the  grantee  shall  pay  the 
same;  but  if  conveyed  after  that  date,  the  grantor  shall 
pay  them.  Any  personal  property  belonging  to  the 
person  taxed,  may  be  taken  and  sold  for  the  payment  of 
taxes  upon  personal  property. 

Number  of  this  Section  changed  to  "  18  "  by  Section  42,  Chapter 
144,  Laws  of  1875. 

Section  19.  In  all  cases  where,  by  the  provisions  of  ^^^  carried  out. 
this  act,  any  special  charge  or  assessment  is  made  a  lien 
upon  land,  the  amount  of  such  charge  or  assessment  shall 
be  carried  out  on  the  tax  roll  in  a  separate  column  or 
columns,  opposite  the  lot  or  tract  upon  which  the  same 
may  be  a  lien;  and  the  treasurer  may  collect  anH  sell, 
and  do  all  other  acts  in  relation  thereto,  in  the  same 
manner  as  if  the  amount  of  such  lien  was  a  general  tax. 

Section  20.     On   the   receipt   of   such    tax  roll,  the  Treasurer  to  give 
treasurer   shall  give    one   week's  notice   thereof  in   the     notice  in  official 
official  papers.     Such  notice  shall  specify  that  the  taxes     P^P®**^- 
on  personal  property  must  be  paid  within  twenty  days 
from  the  first  publication  of  said  notice,  and  the  taxes  and 
assessments  on  real  estate  before  the  last  day  of  December 
following,  and  that  all  tracts  or  parcels  of  land  specified  Notice  to  specify, 
in  said  tax  roll,  upon  which  the  taxes  and  assessments     ®*c. 
shall  not  be  paid  by  that  day,    will  be  sold  at  a  certain 
time  and  place  to  be  therein  specified;  and  the  publication 
of  such  notice  shall  be  deemed  a  demand;  and  neglect  to 
pay  the  taxes  and  assessments  within  the  time  specified, 
shall  be  deemed  a  refusal  to  pay  the  same. 


CHAP.  MILWAUKEE   CITY   CHARTER.  262 

18 

Treasurer  to  Section  21.     On  the  expiration  of  the  twenty  days 

enforce  collection  mentioned  in  the  preceding  section,  the  treasurer  shall 
proceed  to  enforce  the  collection  of  the  personal  taxes 
in  the  manner  provided  by  law  for  the  collection  of 
personal  taxes  by  town  treasurers,  and  if  any  such 
personal  taxes  shall  not  be  paid  or  collected  in  conse- 
quence of  the  neglect  or  delay  of  the  treasurer,  the  common 
council  may  sue  for  and  recover  the  amount  thereof  from 
the  said  treasurer  and  his  sureties.  In  case  the  taxes  on 
personal  property  shall  not  be  paid  by  the  third 
Monday  of  January  next  following  the  expiration  of 
said  twenty  days,  the  treasurer  shall,  on  or  before  the 
first  day  of  March  next  following,  issue  a  warrant  directed 
to  the  chief  of  police  of  said  city,  requiring  and 
commanding  him,  within  a  certain  time  in  such  warrant 
to  be  specified,  to  proceed  and  collect  such  taxes  on 
personal  property  as  shall  then  remain  unpaid,  and  the 
additional  sum  of  one  per  cent,  thereof  per  month,  from 
the  first  day  of  February,  to  be  added  to  such  taxes  as 
then  remain  delinquent,  on  the  first  day  of  each  month, 
commencing  with  the  first  day  of  March,  and  continuing 
until  the  day  of  payment.  And  the  chief  of  police 
receiving  such  warrant  for  the  purpose  of  collecting  such 
unpaid  taxes  and  interest,  shall  have  all  the  powers  of 
levying,  distraining  and  selling  property,  and  all  other 
remedies  and  powers  that  are  given  by  law  to  town 
treasurers  for  the  collection  of  taxes  on  personal  prop- 
erty, and  shall  be  subject  to  all  the  liabilities  of  such 
town  treasurers,  and  shall  be  entitled  to  demand  and 
collect  a  commission  or  percentage  of  five  per  cent,  on 
all  sums  collected  by  him,  which  percentage  shall  be 
added  by  him  to  said  taxes  and  monthly  additions  of  one 
per  cent,  and  collected  with  the  same  and  in  addition 
thereto,  as  compensation  for  his  services,  and  in  case  of 
levy,  distress  or  sale  of  property  by  said  chief  of  police 
in  virtue  of  such  warrant,  he  shall  be  entitled,  in  addition 
to  such  commission  of  five  per  cent.,  to  collect  the  same 
costs  and  fees  allowed  by  law  to  constables  on  execution, 
and  all  such  fees  and  commissions  or  percentages  shall  be 
paid  into  the  city  treasury. 

As  amended  by  Section  1,  Chapter  139,  Laws  of  1878,  and  further 
amended  by  Section  51,  Chapter  324,  Laws  of  1882. 

Other  unpaid  taxes.       Section  22.     The  warrant  of  the  city  treasurer  to  the 
chief  of  police,   for  the  collection  of  taxes  on  personal 


263  MILWAUKEE   CITY   CHARTER.  CHAP. 

18 

property,  shall  include,  in  addition  to  the  unpaid  taxes 
on  personal  property  for  the  current  municipal  year,  all 
unpaid  taxes  on  personal  property  for  the  next  preceding 
three  years.  And  the  chief  of  police  of  said  city  shall 
have  the  power,  and  it  shall  be  his  duty  to  collect  the 
same  in  like  manner  as  is  herein  provided  for  the  collec- 
tion of  the  taxes  on  personal  property  for  the  current 
year. 

Section  23.     Before   the   treasurer   of  the   city  shall  chief  of  police  to 
issue  his  warrant  to  the  chief  of  police  for  the  collection     9«ve  bond. 
of  unpaid  personal  taxes,  the  chief  of  police  shall  give  a 
bond  to  the  said  city  in  such  penal  sum  not  less  than 
twenty  thousand  dollars,    as  the  common  council   may 
prescribe,  with  at  least  three  sureties,  conditioned  for  the 
faithful  execution  of  such  warrant,   conditioned  for  the 
faithful  execution  of  such  warrant,  and  for  the  payment 
to  the  city  treasurer,   monthly,  of  all  personal  taxes  by 
him  collected  or  received  under  or  by  virtue  of  the  said 
warrant   in   pursuance    of   law.     Such    bond    shall    be 
executed,  acknowledged,  approved  and  recorded  as  pro- 
vided and  required  by  section  one  of  chapter  three  of  this 
act.     The  chief  of  police  at  the  end  of  each  and  every  jq  p^y  ^yg^  ^11 
month  from  the  time  of  receiving  such  warrant,   shall     collections 
report  to  the  treasurer  a  statement   in   detail   of  all   the     '"'*"    ^' 
personal  taxes  collected  by  him  during  such  month,  and 
shall  pay  over  to  the  treasurer  at  the  same  time  the  whole 
amount  so  collected   and   take   his   receipt   in    duplicate 
therefor,  one  of  which  duplicate  receipts  he  shall  immedi- 
ately file  with  the  city  comptroller. 

Section  24.  On  the  day  and  at  the  place  designated  Treasurer's  sales 
in  the  treasurer's  notice,  he  shall  commence  by  public  ^o""  delinquent 
auction  the  sale  of  all  tracts  and  lots,  or  parts  thereof, 
upon  which  the  taxes  or  assessments  shall  remain  unpaid, 
and  shall  continue  such  sale  from  day  to  day  until  the 
whole  are  disposed  of.  The  sale  shall  be  the  smallest 
undivided  portion  of  the  lot  or  tract,  which  any  person 
will  take  and  pay  the  taxes  and  charges  on  the  whole  lot 
or  tract.  On  receiving  the  amount  of  such  taxes  and 
charges,  the  treasurer  shall  issue  to  the  purchaser,  his 
heirs  or  assigns,  a  certificate  of  such  sale,  containing  the 
name  of  the  purchaser,  a  description  of  the  premises  sold, 
the  amount  paid  therefor,  the  rate  of  interest  said  certifi- 
cate may  bear,  and  the  time  when  the  right  to  redeem 
the  same  will  expire.     The  treasurer  shall  keep  a  record   Record  to  be  kept. 


CHAP. 

18 


MILWAUKEE   CITY   CHARTER. 


264 


of  the  lots  or  tracts  sold,  the  names  of  the  purchasers, 
the  dates  and  amounts  of  sales,  the  time,  by  whom,  and 
for  what  sum  any  lot  or  tract  sold,  or  any  part  thereof, 
was  redeemed,  and  the  time,  and  to  whom,  the  same  was 
conveyed,  if  not  redeemed. 

Forfeiture  for  SECTION  25.     In  case  any  purchaser  at  such  sale  shall 

neglect  to  pay  for  neglect  or  refuse  to  pay  the  amount  for  which  any  lot  or 

lands  so  pur-  ■,■,■,      • 

chased.  tract  was  sold,  at  such  time  as  the  treasurer  shall  desig- 

nate, he  shall,  on  the  day  following,  offer  said  lot  or  tract 
again  for  sale,  and  any  person  bidding  off,  at  any  such 
sale,  any  lot  or  tract  of  land,  and  refusing  to  pay  for  the 
same  within  the  time  designated,  shall  forfeit  and  pay  to 
the  city  the  sum  of  five  dollars  for  each  lot  so  purchased 
and  not  paid  for,  to  be  sued  for  and  collected  as  other 
penalties  are,  under  this  act. 


Time  for  redemp- 
tion. 


ffate  of  interest. 


Infants  and 
lunatics. 


Tax  deeds— when 
and  how  given. 


Section  26.  An}^  lot  or  tract  of  land  so  sold,  or  any 
undivided  interest  therein,  may  be  redeemed  by  the  owner 
thereof,  or  by  any  person  interested  therein,  within  three 
years  from  the  day  of  sale,  and  at  any  time  prior  to  the 
recording  of  a  deed  thereof  by  the  treasurer  to  the  pur- 
chaser, by  the  payment  to  the  treasurer  of  the  amount  for 
which  the  same  was  sold,  together  with  the  interest 
thereon,  at  the  rate  of  25  per  cent,  per  annum,  and  the 
legal  charges  thereon;  and  the  city  treasurer  shall  receive 
such  redemption  money  on  the  same  being  tendered  to 
him,  at  any  time  prior  to  the  recording  of  the  tax  deed. 
If  the  estate  of  an  infant  or  lunatic  be  sold,  the  same 
may  be  redeemed  upon  the  like  terms  at  any  time  within 
one  year  after  such  disability  shall  be  removed. 

As  amended  by  Section  52,  Chapter  324,  Laws  of  1882. 

Redemption  laws  are  liberally  construed  in  favor  of  the  owner 
of  the  real  estate. 

Jones  vs.  Collins,  16  Wis.,  594. 

The  tender  of  the  amount  to  the  officer  must  be  unconditionally 
made. 

Woodbury  vs.  Shackleford,  19  Wis.,  55. 

Section  27.  Any  tract  or  lot  of  land  sold  in  pursu- 
ance of  this  act,  or  any  part  thereof,  which  shall  not  be 
redeemed  within  three  years  from  the  day  of  sale,  shall 
be  conveyed  by  the  treasurer  to  the  purchaser,  or  his 
assigns,  as  herein  provided;  and  the  assignee  of  any  tax 
certificate  by  endorsement  thereon,  on  any  premises 
sold  for  taxes  by  virtue  of  this  act,  shall  be  entitled  to 


265  MILWAUKEE   CITY   CHARTER.  CHAP. 

18 

receive  a  deed  of  such  premises  in  his  own  name,  and 
with  the  same  effect  as  though  he  had  been  the  original 
purchaser;  provided,  that  it  shall  not  be  lawful  for  the 
treasurer  of  the  city  of  Milwaukee  to  issue  tax  deeds  for 
taxes  unpaid  on  any  lot,  or  part  of  lot  or  parcel  of  land 
in  said  city  of  Milwaukee,  unless  three  months'  previous 
notice,  in  writing,  oi  the  application  for  such  deed,  shall 
have  been  served  by  the  sheriff  of  Milwaukee  county, 
upon  the  occupant  or  occupants  thereof,  if  the  same  be 
occupied,  and  upon  the  owner  or  owners  thereof,  if  known, 
and  the  proof  of  such  service,  by  affidavit,  shall  be  first 
furnished  to  and  filed  in  the  office  of  said  city  treasurer. 
Such  service  may  be  made  personally,  or  by  mailing  such 
notice,  with  the  postage  prepaid,  to  each  person  required 
to  be  served  therewith,  directed  to  such  person,  at  his 
place  of  residence,  unless  it  appears  that  such  residence 
is  not  known  to  the  party  applying  for  such  tax  deed, 
and  cannot  with  reasonable  diligence,  be  ascertained  by 
him.  Like  affidavit  of  service,  in  either  case,  shall  be 
made  and  filed,  as  is  now  required  by  law  of  the  service 
of  summons  in  civil  actions,  in  this  state,  and  the  said 
sheriff  shall  be  entitled  to  the  same  fees  for  making  such 
service,  that  are  allowed  by  law  for  the  service  of  summons 
in  civil  actions.  No  other  notice  of  application  for  a  tax 
deed  shall  be  necessary  in  any  case  than  that  required 
in  this  section,  and  if  the  treasurer  shall  issue  any  deed 
for  taxes  without  the  foregoing  provisions  of  this  section 
having  been  complied  with,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  punished  by  fine  of  not  less  than  five  hundred  nor 
more  than  one  thousand  dollars,  and  by  imprisonment 
in  the  county  jail  for  a  term  of  not  less  than  six  months 
nor  more  than  one  3^ear,  and  his  office  shall  be  deemed 
vacated. 

As  amended  by  Section  53,  Chapter  324,  Laws  of  1882;  also 
amended  by  Section  1,  Chapter  181,  Laws  of  1881. 

Chapter  113,  laws  of  1867,  which  prohibits  the  issue  of  a  tax 
deed,  unless  a  specified  notice  has  been  served  on  the  owner  or 
occupant  of  the  land  at  least  three  months  previously,  is  invalid  as 
to  cases  in  which  tax  deeds  were  due  before  its  passage.  Such 
chapter  applies  to  deeds  issued  by  both  city  and  county  officers. 
State  ex  rel.  Knox  vs.  Hundhausen,  23  Wis,,  508, 

The  charter  of  the  city  of  Milwaukee,  Ch,  184  of  the  laws  of 
1874,  is  a  mere  consolidation  and  revision  of  the  various  acts  then 
in  force,  defining  the  corporate  powers  of  the  city,  including  the 


CHAP.  MILWAUKEE  CITY  CHARTER.  266 

18 

charter  of  1852  and  subsequent  amendments.  The  words  "this  act'* 
in  the  above  section  must  have  the  same  signification  that  they 
had  in  the  charter  of  1852;  and  the  provisions  of  the  charter 
of  1852,  so  far  as  they  are  re-enacted  in  the  consolidated  charter  of 
1874,  are  but  a  continuation  of  the  provisions  of  the  charter 
of  1852. 

Scheftels  vs.  Tabert,  46  Wis.,  439. 

Form  of  tax  deed.  SECTION  28.  All  deeds  executed  by  the  city  treasurer 
on  account  of  sales  for  taxes  or  assessments  under  this 
act,  shall  be  made  in  substantially  the  same  form 
prescribed  by  law  for  deeds  by  the  county  clerk  on  account 
of  sales  for  unpaid  taxes;  and  such  deeds  shall  have  the 
same  force  and  effect  as  evidence  that  is  or  may  be  given 
by  law  to  such  deeds  executed  by  the  county  clerk. 

Struck  off  to  city  in  Skction  29.  If,  at  any  sale  of  real  or  personal  estate 
absence  of  other  fQj.  taxes  or  assessments,  no  bid  shall  be  made  for  any 
parcel  of  land,  or  for  any  goods  and  chattels,  the  same 
shall  be  struck  off  to  the  city,  and  thereupon  the  city 
shall  receive  in  its  corporate  name  a  certificate  of  the  sale 
thereof,  and  shall  be  vested  with  the  same  rights  as  other 
purchasers  are.  If  the  city  shall  be  purchaser  of  any 
personal  property  by  virtue  of  this  chapter,  the  treasurer 
shall  have  the  power  to  sell  the  same  at  public  sale,  and 

City  may  re-sell.  in  case  the  city  shall  become  the  purchaser  of  any  real 
estate  at  any  tax  sale,  the  treasurer  is  authorized  to  sell 
the  certificates  issued  therefor  for  the  amount  of  such  sale 
and  interest  at  twenty-five  per  cent,  per  annum,  and  to 
indorse  and  transfer  such  certificates  to  the  purchasers. 

Where  the  lot  owner  does  not  pay  special  assessment  certificates 
issued  against  his  lot,  and  no  bid  is  made  when  the  lot  is  offered 
for  sale  by  the  city,  it  is  proper  for  the  latter  to  buy  it  in,  to  issue 
a  certificate  of  sale  therefor  in  its  corporate  name,  which  vests  in 
the  city  the  same  right  at  law  as  any  other  purchaser  would  have 
had;  and  thereupon,  the  city  treasurer  is  authorized  to  sell  the 
certificate  issued  therefor  for  the  amount  of  such  sale  and  interest 
at  twenty  five  per  cent,  per  annum,  and  to  indorse  and  transfer 
vsuch  certificate  to  the  purchaser. 

Hoyt  vs.  Fass,  64  Wis.,  273. 

In  the  sale  and  conveyance  of  land  for  taxes,  municipal  corpora- 
tions have  only  the  powers  ej>rpress/y  conferred.  Under  the  charter 
of  1852,  the  city  of  Milwaukee  was  not  authorized  to  purchase 
land  at  a  tax  sale,  and  such  a  sale  to  the  city  is  void. 
Knox  vs.  Peterson,  21  Wis.,  249. 

A  certificate  issued  on  a  sale  of  land  for  non-payment  of  an 
assessment  for  benefits  for  a  street  improvement,  is  a  "tax 
certificate." 

Dalrymple  vs.  Milwaukee,  53  Wis.,  178. 


267  MILWAUKEE  CITY  CHARTER.  CHAP. 

18 

Section  30.  Whenever  any  person  shall  bid  off  any  Purchasers  to  buy 
lot  offered  for  sale  for  taxes,  which  lot  shall  have  been  bid  c'Vs  certificates, 
off  in  the  name  of  the  city  for  the  taxes  of  any  previous 
year  or  years,  and  the  certificate  or  certificates  of  such 
previous  sale  or  sales  thereof  shall  at  the  time  of 
such  subsequent  sale  remain  the  property  of  the  city,  such 
person  shall,  before  being  entitled  to  his  certificate  of 
such  sale,  purchase  of  the  city  its  certificate  or  certificates 
by  paying  the  amount  of  principal,  interest  and  charges 
thereon,  and  receive  from  the  treasurer  an  assignment 
thereof;  provided,  that  any  certificate  of  sale  for  the 
amount  of  any  street  commissioner's  certificate  or  board  y^hat  certificates 
of  public  works'  certificate,  or  other  special  tax  or  assess-  may  be  sold. 
ment,  held  by  the  city  of  Milwaukee  in  trust  for  the 
owner  of  such  certificate  or  of  such  special  tax  or  assess- 
ment, or  any  certificate  of  sale  for  general,  city  or  ward 
taxes  held  by  said  city,  may  be  assigned,  sold  and  trans- 
ferred by  the  city  treasurer,  although  said  city  may  hold 
in  trust,  in  whole  or  in  part,  certificates  for  the  sale  of 
lots  for  the  amount  of  street  commissioners'  certificates  or 
other  special  certificates  or  special  taxes  or  assessments, 
issued  in  any  prior  year,  and  no  liability  shall  attach  to 
the  city  or  said  treasurer  by  reason  thereof;  but  any  such 
sale,  assignment  and  transfer  shall  only  be  made  upon 
payment  of  all  previous  general,  city  and  ward  taxes. 
The  city  treasurer  shall  report  to  the  comptroller  on  the 
first  day  of  each  month  a  detailed  statement  of  all  his 
sales  and  transfers  of  tax  certificates  and  of  all  moneys 
received  by  him  upon  redemptions  from  tax  sales  during 
the  preceeding  month,  in  cases  where  the  certificates  of 
sale  were  held  by  him  as  such  treasurer,  giving  in  all 
cases  the  dates  of  such  sales  and  transfers,  and  of  such 
redemptions  respectively,  and  the  amounts  received  by 
him  therefor  in  every  case. 

As  amended  by  Section  54,  Chapter  324,  Laws  of  1882. 

It  is  apparent  from  the  whole  theory  of  our  charter  that  the 
certificate  of  sale  for  the  amount  of  the  board  of  public  works' 
certificates  so  taken  in  the  name  of  the  city,  is  held  in  trust  by  it 
for  the  owners  of  such  certificates. 

Hoyt  vs.  Pass,  64  Wis.,  273. 

In  an  action  to  set  aside  a  street  commissioners'  certificate,  and 
to  restrain  the  city  and  its  treasurer  from  issuing  a  tax  deed 
upon  the  same,  held,  under  the  special  circumstances  of  the  case, 
that  the  city  and  its  treasurer  had  no  interest  in  the  result,  and 
were  bound  by  the  judgment  rendered  in  another  action  only  to 


CHAP.  MILWAUKEE   CITY   CHARTER.  268 

18 

abstain  from  issuing  a  deed  to  the  other  defendant,  or  person 
claiming  under  him  after  commencement  of  the  action. 

Smith  vs.  Milwaukee,  18  Wis.,  388. 

Omitted  lands  to  be  SECTION  31.  If  it  shall  appear  to  the  assessors  that 
assessed  for  any  lot  or  parcel  of  land  was  omitted  in   the  assessment 

taxes.  ^^11  ^^  either  or  both   of  the  two  preceeding  years,  and 

that  the  same  was  then  liable  to  taxation,  they  shall,  in 
addition  to  the  assessment  for  that  year,  assess  the  lot  or 
tract  so  omitted,  for  such  year  or  years  in  which  it  shall 
have  been  so  omitted,  at  the  just  value  thereof,  noting 
the  year  when  such  omission  occurred,  and  such  assess- 
ment shall  have  the  same  force  and  effect  as  it  would 
have  had  if  made  in  the  year  when  the  same  was  omitted. 
And  the  common  council  shall,  in  addition  to  the  taxes 
for  the  current  year,  levy  such  taxes  upon  such  lot  or 
tract  as  the  same  would  have  been  chargeable  with  had 
not  the  same  been  so  omitted,  and  such  taxes  shall  be' 
collected  as  other  taxes  or  assessments  are  for  the  current 
year.  All  land  shall  be  subject  to  taxes  that  may  have 
been  omitted,  in  whosoever  hands  they  may  have  come. 

Taxes  set  aside  for  Should  the  tax  or  the  assessment  upon  any  parcel  of  land 
informality  may  be  set  aside  or  declared  void  by  reason  of  any  defect  or 
be  relevied.  informality  in  the  assessing,  levying,  selling  or  conveying 

the  same  but  not  affecting  the  equity  or  justice  of  the  tax 
itself,  the  common  council  shall  cause  the  tax  or  assess- 
ment so  set  aside  or  declared  void  to  be  re-levied  in  such 
manner  as  they  shall  by  ordinance  direct;  provided,  that 
if  the  defect  was  in  the  assessment,  the  same  shall  be  again 
assessed  at  such  time  as  the  common  council  may  direct, 
and  the  said  tax  or  assessment  so  re-assessed  or  re-levied 
shall  be  and  continue  a  lien  upon  said  lot  or  tract, 
and  shall  be  collected  as  other  taxes  and  assessments  are 
collected  under  this  act. 

As  amended  by  Section  55,  Chapter  324,  Laws  of  1882. 

Chapter  395,  laws  of  1862,  and  Ch.  115,  laws  of  1863,  providing 
for  re-assessment  of  both  real  and  personal  property  for  the  year 
1857  in  Milwaukee,  held,  valid  enactments. 

Cross  vs.  Milwaukee,  19  Wis.,  535. 

Treasurer  to  re-  SECTION  32.     The  treasurer  shall  receive  all  moneys 

ceive  redemption  that  may  be  legally  tendered  him  for  the  redemption  of 

^rScates^"'  lands  sold  for  taxes,  and  he  shall  keep  an  account  thereof, 

and  pay  the  same  over  on  demand  to  the  persons  entitled 

to  receive  the  same.     He  shall  cancel  all   certificates  so 


269  MILWAUKEE   CITY   CHARTER.  CHAP. 

18 

redeemed,  and  preserve  the  same  in  his  office;  and  at  the 
expiration  of  his  term  of  office,  he  shall  deliver  over  to  his 
successor  all  redemption  moneys  in  his  hands,  with  a 
statement  of  the  amounts  so  received. 

Section  33.  When  there  shall  be  a  sale  by  the  county  pirst  purchaser  to 
treasurer  and  by  the  city  treasurer,  of  any  piece  or  parcel  have  preference, 
of  land  for  taxes,  in  the  same  year,  the  purchaser  of  such 
piece  or  parcel,  who  may  be  first  in  point  of  time,  may 
redeem  the  same  from  the  subsequent  purchaser;  and  in 
case  he  shall  not  redeem,  the  right  of  the  last  purchaser 
shall  be  held  paramount  in  case  of  the  execution  of  any 
tax  deed  therefor.  If  the  first  purchaser  in  point  of  time 
shall  redeem,  it  shall  be  the  duty  of  the  proper  officer  to 
make  an  entry  in  the  sales  book  of  the  character  in 
which  such  person  may  have  redeemed;  and  thereupon 
the  person  so  redeeming  shall  be  substituted  to  all  the 
rights  of  the  holder  of  the  certificate  so  redeemed,  as 
aforesaid. 

Section  34.     No  person  shall  be  permitted  to  institute   instituting  actions 
any  action  or  proceeding  to  set  aside  any  assessment  or     to  set  aside  as- 
special  tax  hereafter  levied  or  assessed  upon   any  lot  or     sessments  and 
tract  of  land,  or  to  set  aside  any  deed  executed  in  conse- 
quence of  the   non-payment   of  such  taxes  and  of  the 
premises  therefor,  unless  such  person  shall  first  pay   or 
tender  to  the  proper  party,  or  deposit  for  his  use  with  the 
treasurer,  the  amount  of  all  state,  county  and  city  taxes 
that  may  remain  unpaid  on  such  lot  or  tract,  together 
with  the  interest  and  charges  thereon. 

Where  a  tax  payer  attempts,  by  a  proceeding  in  equity,  to  stop 
the  officers  of  the  law  from  collecting  a  tax  charged  against  his 
property,  his  complaint  must  demonstrate  that  his  property  is  not 
legally  or  equitably'  chargeable  therewith. 

Kaehlervs.  Dobberpuhl,  56  Wis.,  480. 

Fifield  vs.  Marinette  Co.,  62  Wis.,  532. 


of  tax. 


Section  35.  All  the  directions  hereby  given  for  the  informality  shall 
assessing  of  land  and  the  levying  and  collection  of  taxes  "p*  affect  validity 
and  assessments,  shall  be  deemed  only  directory,  and  no 
error  or  informality  in  the  proceedings  of  any  of  the 
officers  entrusted  with  the  same,  not  aftecting  the  sub- 
stantial justice  of  the  tax  itself,  shall  vitiate  or  in  any  way 
affect  the  validity  of  the  tax  or  assessment. 

When  the  common   council  acquires  jurisdiction  in  the  ways 
prescribed  by  Sec.  5,  of  Ch.  IV,  any  subsequent  omission  of  any 


CHAP.  MILWAUKEE   CITY   CHARTER.  270 

18 

step    directed    in    the    charter    would    have  been   deemed  only 
directory. 

Oilman  vs.  Milwaukee,  Gl  Wis.,  588. 

This  section  considered  in  Cramer  vs.  Stone,  38  Wis., 
259. 

The  mere  failure  of  the  assessor  to  verify  the  assessment  roll, 
as  required  by  law,  does  not  necessarily  render  the  tax  apportioned 
upon  such  assessment  unequal  or  unj  ust. 

Fifield  vs.  Marinette  Co.,  62  Wis.,  532. 

In  an  equitable  action,  any  irregularity  in  the  proceedings 
which  does  not  prejudice  the  plaintiff,  or  affect  the  substantial 
justice  of  the  tax,  is  not  a  sufficient  ground  tor  avoiding  the 
assessment. 

Wright  vs.  Forristal,  65  Wis.,  341. 

A  complaint  showed  that  a  contract  for  laying  a  pavement  was 
not  let  within  the  time  required  by  law,  and  that  no  "plan  "  or 
"  profile  "  of  the  work  was  filed  before  letting  the  contract,  but 
states  no  facts  showing  injury  to  plaintiff  by  such  omissions. 
Held,  on  demurrer,  there  was  no  ground  for  interference  of  equity 
to  restrain  sale  of  plaintiff's  lots  for  non-payment  of  special  tax 
assessed. 

Warner  vs.  Knox,  50  Wis.,  429. 

Defects  in  proceedings  which  affect  the  substantial  justice  of  an 
assessment  cannot  be  aided  by  the  provisions  of  this  section. 
Liebermann  vs.  Milwaukee,  89  Wis.,  336. 


Fees  for  cerlifi- 


Skction  36.  The  city  treasurer  shall  collect  the 
cates,  redemp-  following  fees,  which  he  shall  account  for  and  pay  into 
tlons,  etc.  the  city  treasury  for  the  use  of  the  city,  to- wit:  for  each 

certificate  by  him  issued  on  sale  of  lands  for  non-payment 
of  taxes  or  assessments,  twenty-five  cents,  to  be  added  to 
the  amount  of  such  tax  or  assessment,  and  included  in 
such  certificate;  for  each  lot  redeemed,  for  which  he  shall 
issue  a  certificate,  twenty-five  cents,  and  five  cents  for 
each  additional  lot  embraced  in  such  certificate,  to  be 
paid  by  the  person  redeeming;  for  each  tax  deed  executed 
by  him,  one  dollar,  and  five  cents  for  each  additional  lot 
or  tract  embraced  in  the  same  deed,  to  be  paid  by  the 
person  receiving  the  same.  It  shall  also  be  his  duty  to 
pay  into  the  city  treasury,  for  the  use  of  said  city,  the 
Collection  fees  ^^^  amount  of  the  percentage  or  collection  fees  received 
by  him  upon  all  state,  county,  and  school  taxes  levied 
upon  personal  property  and  real  estate  in  the  city  of 
Milwaukee,  and  collected  by  said  treasurer  as  required 
by  law  to  that  effect.  In  case  of  a  distress  and  sale  by 
him  of  goods  and  chattels  for  the  payment  of  any  tax. 


For  tax  deed. 


271  MILWAUKEE   CITY   CHARTER.  CHAP. 

18 

said  treasurer  shall  be  entitled  to  such  fees  as  are  allowed 
to  sheriffs  on  sales  of  goods  under  execution . 


COUNTY   AND   STATE   TAXKS. 

Section  37.     The  city  clerk  shall  anfiually  make  a  City  clerk  to  make 

duplicate  tax  roll  embracinsr  a  list  of  all  real  property  in     ''S*  of  real  and 
,.  1-  ji  i-^rii  personal  property 

the  city  subject  to  taxation,  and  also  a  list  of  all  persons     subject  to  taxa- 

in  the  city  having  personal  property  subject  to  taxation,  tlon. 
and  being  a  copy  of  the  tax  roll  made  by  him  as  provided 
by  section  fourteen  of  this  chapter,  and  upon  receiving 
the  certificate  of  the  county  clerk  of  the  amount  of  state, 
county  and  school  taxes  respectively  to  be  collected  in 
said  city  for  the  current  year,  he  shall  calculate,  carry  • 
out  and  extend  the  same  upon  such  duplicate  roll  in  the 
manner  provided  by  law,  and  shall  deliver  such  tax  roll 
with  his  warrant  thereto  attached  in  due  form  as  pro- 
vided by  law,  to  the  city  treasurer  for  the  collection  of  the 
state,  county  and  school  taxes  therein  entered  and  con- 
tained. 


laws. 


Section  38.  The  treasurer  of  the  city,  in  giving  city  treasurer  to 
bonds,  collecting  such  state,  county  and  school  taxes,  comply  with  state 
and  making  his  return  to  the  county  treasurer,  and  in  all 
other  things  relating  to  such  taxes,  shall  conform  to  and 
be  governed  by  the  general  laws  of  the  state,  except  that 
the  return  to  the  county  treasurer  shall  be  for  the  city  and 
not  for  the  wards. 


CHAPTEK  301,  LA^WS  OF  1889. 

AN  ACT  to  amend  the  charter  of  the  city  of  Milwaukee,  and  to 
authorize  said  city  to  raise  a  special  tax  in  the  Bay  View  sewerage 
district. 

Section  1.  The  common  council  of  the  city  of  Milwaukee  is 
hereby  authorized  to  levy  and  raise  by  taxation  upon  all  the 
taxable  property,  real  and  personal,  within  the  Bay  View  sewerage 
district  of  said  city,  in  addition  to  the  amount  authorized  to  be 
raised  for  a  sewerage  fund  in  said  district,  and  in  the  addition  to 
the  amount  of  money  authorized  to  be  raised  by  taxation  for  all 
purposes  within  said  district  now  limited  by  law  for  each  of  the 
years  1889  and  1890,  a  sum  of  money  not  exceeding  one  mill  on 
the  dollar  in  each  of  said  years,  upon  all  the  taxable  property 
within  said  district,  for  the  purpose  of  continuing  and  completing 
the  sewers  contemplated  by  the  plans  for  sewers  in  said  Bay  View 
sewerage  district  of  said  city,  now  on  file  iu  the  offices  of  the 
proper  city  officers  of  said  city,  and  for  the  purpose  of  continuing 


CHAP.  MILWAUKEE   CITY   CHARTER.  272 

18 

the  construction  of  such  sewers  as  shall  or  may  be  included  in 
any  amendments  to  or  changes  of  the  said  plans  during  the  years 
1889  and  1890. 


CHAPTEK    278,    LAWS    OF    1880. 

AN  ACT  pertaining  to  and  amendatory  of  chapter  one  hundred 
and  eighty-four  of  the  laws  of  1874,  entitled  "  an  act  to  revise, 
consolidate  and  amend  the  charter  of  the  city  of  Milwaukee, 
approved  February  20,  1852,  and  the  several  acts  amendatory 
thereof,  approved  March  10,  1874." 

Section  1.  Certificates  of  the  sale  of  lands  for  non-payment 
of  taxes  or  assessments,  and  charges,  hereafter  to  be  issued  by  the 
treasurer  of  the  city  of  Milwaukee,  under  the  act  to  which  this 
act  is  amendatory,  shall  be  in  the  following  or  equivalent  form: 

State  of  Wisconsin,       ) 
Milwaukee  City  and  County,  j'^®' 

I, ,  treasurer  of  the  city  of  Milwaukee  in  said  state,  do 

hereby  certify  that  on  this day  of ,  A.  D.  18 — ,  I  sold 

at  public  auction,  pursuant  to  law  (here  describe  the  land  sold), 

unto ,  for  the  sum  of dollars  and cents,  being 

the  amount  due  for  city  taxes,  assessments  and  charges,  on 
said . 

This  certificate  bears  interest  at  the  rate  of  twenty-five  per  cent, 
per  annum,  and  if  the  land  so  sold  is  not  redeemed  according  to 
law,  the  owner  of  this  certificate  will  be  entitled  t©  a  conveyance 
of  so  much  of  said  land  as  shall  remain  unredeemed. 

This  certificate  is  transferable  by  indorsement. 


City  Treasurer. 

Section  2.  All  certificates  of  the  sale  of  lands  for  non-pay- 
ment of  taxes  or  assessments  and  charges  heretofore  issued  by  the 
treasurer  of  the  city  of  Milwaukee,  under  the  act  to  which  this  act 
is  amendatory,  substantially  in  the  form  prescribed  in  the  pre- 
ceding section,  shall  be  and  are  hereby  declared  to  be  and  to  have 
been  valid  and  legal  and  no  additional  matter  contained  in  such 
certificates  shall  in  any  way  affect  or  invalidate  the  same. 


CHAPTER  XIX. 

DISQUAI^IFICATIONS,    IMPEACHMENTS,    ETC. 

Section  1.  No  member  of  the  common  council  shall 
hold  any  other  city  office,  and  if  any  member  of  the  com- 
mon council,  shall,  while  a  member,  accept  any  other 
elective  public  office,  he  shall  be  deemed  to  have  vacated 
his  office  as  a  member  of  the  common  council. 

As  amended  by  Section  43,  Chapter  144,  Laws  of  1875,  and  further 
amended  by  Section  1,  Chapter  55,  Laws  of  1887. 


273  MILWAUKEE   CITY   CHARTER.  CHAP. 

19 

Section  2.     No  member  of  the  common  council  shall   ineligible  to  vote. 
vote  upon  any  question,  matter  or  resolution  in  which  he 
may  be  directly  or  indirectly  interested. 

Section  3.  No  member  of  the  common  council  shall  Debarred  from  jobs 
be  a  party  to  or  interested  in  any  job  or  contract  with  or  contracts. 
the  city,  or  with  any  of  the  wards,  and  any  contract  in 
which  any  such  member  may  be  so  interested  shall  be 
null  and  void,  and  in  case  any  money  shall  have  been 
paid  on  any  such  contract,  the  common  council  may  sue 
for  and  recover  the  amount  so  paid,  from  the  parties  to 
such  contract,  and  from  the  member  of  the  council  inter- 
ested in  the  same. 

Section  4.     No    person  interested    directly,    or   indi-   Principals  and 
rectly,  as  principal  or  surety,  in  any  contract  or  agree-     sureties-in  con- 
ment  written  or  verbal,  to  which  the  said  city  shall  be     ^q  Qffjgg^ 
a   party  in    interest, — or  to  which  any  officer  or  board 
under  this    act    shall    officially    be    a    party, — for    the 
construction  of  any  sewer,  pavement  or  building,   or  the 
performance  of  any  public  work  whatever,  or  involving 
the  expenditure,  receipt  or  disposition  of  money  or  prop- 
erty of  the  said  city,  or  of  any  ward,  or  by  any  officer  or 
board   under   this   act,    shall   be   eligible   to   any    office 
or  appointment  in  said  city  that  will  in  any  manner  give 
him    official    cognizance   or   authority  over   the  subject 
matter  of  such  interest;  and  if  any  person  thus  interested  office  held  vacant 
shall  be   elected  or  appointed  to   office,  his  election  or 
appointment   shall   be   void,   and  such   office    shall    be 
deemed  vacant. 

Section  5.     If  any  member   of  the  common    council,    No  member  of 
or  other  officer  of  the  corporation,   after  his   election  or     council  to  be 
appointment,  or  while  in  office,    shall   become  or  cause     {"act^with  dty-^"" 
himself  to  become  interested,    directly  or  indirectly,  in 
any  contract  or  agreement,  whether  written  or  verbal,  to 
which  the  corporation  or  any  ward  shall  be  a  party  in 
interest,  or  to  which  any  officer  or  board  under  this  act 
shall  officially  be  a  party,  or  in  any   question,  subject  or 
proceeding   pending  before  the  common  council    or   on 
which  such  officer  may  be  called  to  act  officially,   with 
intent  to  gain  directly  or  indirectly,  any  benefit,  profit,  or 
pecuniary  advantage,  or  if  an   attorney  of  any  court  of 
record  shall,  while  a  member  of  the   common   council, 
prosecute  or  be  interested  in  the  prosecution  of  any  action 
against  said  city  of  Milwaukee,  or  any  of  its   officers,  he 


CHAP.  MILWAUKEE   CITY   CHARTER.  274 

19 

shall  be  removed  from  his  office,   and  the  same  shall  be 
Penalty.  declared  vacant  by  the  common  council;  and  he  shall  be 

deemed  guilty  of  felony,  and  on  conviction  thereof  shall 
be  punished  by  imprisonment  in  the  state  prison  for  not 
more  than  one  year,  or  bj^  a  fine  of  not  more  than  five 
thousand  dollars  nor  less  than  five  hundred  dollars,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court;  provided,  however,  that  the  provisions  ©f  this 
section  shall  not  be  considered  as  applying  to  purchases 
in  open  market,  nor  to  the  performance  of  any  work  for 
the  city,  the  cost  of  which  shall  not  exceed  the  sum  of 
two  hundred  dollars. 

A.S  amended  by  Section  44,  Chapter  144,  Laws  of  1875. 

Penalty  for  mem-  SECTION  6.     If  any  member  of  the  common  council,  or 

ber  of  common      other   officer   or   agent   of  the   city   government,    shall, 

council  accepting    j  •       .  i  •    j  •       .  i 

consideration  for  directly  or  indirectly,  accept  or  agree  to  accept  or  receive 

any  vote  or  any  money,  goods  or  chattels,   or  any  bank  note,  bank 

rijsfn^g"his  in°*^  bill,  bond,  promissory  note,  due  bill,  bill  of  exchange, 
fluence  corruptly,  draft,  order  or  certificate,  or  any  security  for  the  pa3^ment 
of  money  or  goods  or  chattels,  or  any  deed  of  writing 
containing  a  conveyance  of  land  or  conveying  or  trans- 
ferring an  interest  in  real  estate,  or  any  valuable  contract 
in  force  or  any  other  property  or  reward  whatever,  in 

_     ,.   -      „   .      consideration  that  such  member  of  the  common  council, 
Penalty  for  offermg  ,  rr-  •^^  m  •     i 

bribe  to  member  or  other  officer  or  agent,  will  vote  affirmatively  or  nega- 

of  council.  tively,  or  that  he  will  not  voje,   or  that  he  will  use   his 

interest  and  influence,  on  any  question,  ordinance,  resolu- 
tion, contract,  or  other  matter  or  proceeding,  pending 
before  the  common  council,  or  on  which  such  officer  or 
agent  may  be  called  upon  to  decide  or  act  in  any 
particular  manner,  such  member  of  the  common  council, 
officer,  or  agent,  shall  be  removed  from  office  and  his 
office  declared  vacant  by  the  common  council;  and 
both  he  and  the  person  or  persons  offering  or  paying  such 
consideration,  directly  or  indirectly,  shall  be  deemed 
guilty  of  felony,  and  on  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  state  prison  for  not  more 
than  three  years  nor  less  than  one  year,  or  by  fine  not 
exceeding  five  thousand  dollars  nor  less  than  five  hundred 
dollars,  or  by  both  such  fine  and  imprisonment  at  the 
discretion  of  the  court. 

Dismissal  of  an-  SECTION  7.     A  majority  of  all  the  members  elect  of  the 

pointed  officers,     common  council  shall  have  power  to  dismiss  from  office, 

for  malfeasance  in  office  in  said  city,   an)^  person   elected 


275  MILWAUKEE  CITY  CHARTER.  CHAP. 

19 

or  appointed  to  office  in  said  city,  except  justices  of  the 
peace.  And  the  common  council  shall  provide  by  ordin- 
ance the  manner  of  hearing  and  disposing  of  complaints 
against  such  officers. 

Sections.     Whenever  any  charges  of  official  miscon-   Investigation  of 
duct  shall  be  preferred  against  any  member  of  the  common     charges  against 
council  of  the  city  of  Milwaukee,    or  any   officer  of  said     council  or  city 
city,  the  common  council  shall  appoint  a  committee  to     officers. 
investigate   such    charges;    and  it   shall  be  the  duty  of 
the  committee  as  soon  as  practicable  after  their  appoint- 
ment,  to  investigate   the    matter   of  any  charges  which 
may    have  been  so  preferred,    and  report  the  results  of 
their  investigation  to  the  said  common  council;  and  in 
case  such  committee   shall   deem  it  necessary  or  proper 
for  the  purposes  of  their  investigation,  they  may  examine 
witnesses  on  oath  in  relation    to  au}^  such    charges;  and 
the   several   members   of    such    committee    are    hereby 
authorized     and     empowered     to    administer    oaths    to 
witnesses  to   be  examined    for    the    purposes    of    such 
examination. 

Note. — Only  two  proceedings  in  the  nature  of  impeachment 
have  been  had  under  the  above  provision,  viz;  that  against  Garrett 
Dunck,  the  report  of  which  will  be  found  in  the  council  proceed- 
ings for  1891-92,  and  that  against  Dr.  Walter  Kempster,  now 
pending  in  the  circuit  court,  being  removed  there  on  certiorari. 

Section  9.  Subpoenas  may  be  issued  for  the  purpose  yu-ings-es  mav  be 
of  procuring  the  attendance  of  witnesses  before  any  com-  subpoenaed. 
mitttee  appointed  pursuant  to  the  preceding  section. 
Each  subpoena  shall  state  when  and  where,  and  before 
whom,  the  witness  is  required  to  appear  and  testify,  and 
may  require  such  attendance  forthwith,  or  on  a  future 
day  named,  and  the  production  of  books,  records,  docu- 
ments and  papers  therein  to  be  designated.  All  such 
subpoenas  shall  be  signed  by  the  city  clerk  of  said  city, 
and  shall  be  issued  under  the  seal  of  said  city,  and  may 
be  served  in  the  same  manner,  and  shall  have  the  same 
force  and  effect  as  subpoenas  issued  out  of  the  circuit 
court.  Any  willful  or  corrupt  false  swearing,  by  any 
witness  or  person  giving  testimony  before  such  committee,  how  punished.' 
or  any  member  thereof,  or  making  deposition  to  any 
material  fact  relating  to  the  matter  under  investigation 
before  such  committee,  shall  be  deemed  guilty  of  perjury, 
and  shall  be  punished  as  such,  in  the  manner  provided  by 
law.     The  provisions  of  law  in  respect  to  the  attachment 


CHAP.  MILWAUKEE   CITY   CHARTER.  276 

19 

of  witnesses  subpoenaed  before  justices  of  the  peace,  and 
Compelling  attend-  compelling  the  attendance  of  such  witnesses  to  appear  and 
wi  ne  e  .  ^gg^-jiy  before  them,  are  hereby  applied  to  the  case  of 
witnesses  subpoenaed  before  such  committee,  and  such 
committee  may  exercise  the  powers  of  arrest,  fine  and 
imprisonment  for  contempt,  vested  in  the  court  in  such 
cases.  Writs  of  attachment  and  commitment  for 
contempt,  shall  be  signed  by  the  chairman  of  such  com- 
mittee. 

Removal  from  SECTION  10.     If  any  member  of  the  common  council 

office  for  making  or  other  officer  or  agent  of  the  city  government,  or  any 
person  employed,  appointed  or  confirmed  by  the  common 
council,  or  appointed  by  any  department  of  the  city 
government,  shall  knowingly  certify  that  any  work  has 
been  done  for  said  city,  or  any  contract  with  said  city 
has  been  completed  in  compliance  with  the  terms  thereof, 
when  in  fact  such  work  had  not  been  done,  or  said  contract 
had  not  been  completed,  such  member  of  the  common 
council,  officer  or  agent,  shall  be  removed  from  ofiice.  and 
his  ofi&ce  declared  vacant,  and  no  such  officer,  agent  or 
employe,  shall  again  be  elected,  appointed  or  employed 
by,  or  for  the  city  of  Milwaukee,  to  any  office,  place,  or 
position  whatever. 

Section  45,  Chapter  144,  Laws  of  1875. 


CHAPTER  XX. 

MISCELLANEOUS. 

Liability  for  dam-  SECTION  1.  Whenever  any  injury  shall  happen  to 
ages  to  persons  persons  or  property  in  the  said  city  of  Milwaukee,  by 
reason  of  any  defect  or  incumbrance  of  any  street,  side- 
walk, alley  or  public  ground,  or  from  any  other  cause, 
for  which  the  said  city  would  be  liable,  and  such  defect, 
incumbrance,  or  other  cause  of  such  injury  shall  arise 
from,  or  be  produced  by  the  wrong,  default  or  negligence 
of  any  person  or  corporation,  such  person  or  corporation 
so  guilty  of  such  wrong,  default  or  negligence,  shall  be 
primarily  liable  for  all  damages  for  such  injury;  and  the 
said  city  shall  not  be  liable  therefor  until  after  all  legal 
remedies  shall  have  been  exhausted  to  collect  such 
damages  from  such  person  or  corporation. 

The  provision  of  this  section  holding  the  person  or  corporation 
guilty  of  wrong  doing  primarily  liable,  applies  only  when   the 


277  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

default  or  negligence  of  such  person  or  corporation  was  the  sole 
cause  of  the  injury. 

Papworth  vs.  Milwaukee,  64  Wis.,  389. 

Chapter  471,  laws  of  1889,  held  to  apply  to  injuries  happening 
in  a  city,  though  not  in  terms  an  amendment  of  the  charter 
thereof. 

Raymond  vs.  Sheboygan,  76  Wis.,  335. 

(Chapter  332,  laws  of  1878,  and  Chapter  261,  laws  of  1882.)  The 
remedy  given  by  these  acts  is  exclusive,  and  the  filing  of  a  proper 
statement  or  petition  in  the  ofiice  of  the  city  clerk  is  essential. 
These  laws  held  amendatory  of  the  charter  of  Milwaukee. 
Thompson  vs.  Milwaukee,  69  Wis. ,  492. 

The  lot  owner  has  a  right  to  deposit  excavated  earth  on  the 
half  of  the  street  adjoining,  provided  the  street  is  not  improperly 
obstructed  thereby,  and  that  it  is  guarded  by  due  precaution 
against  accident;  and  further,  that  it  be  removed  within  a  reason- 
able time. 

Hundhausen  vs.  Bond,  36  Wis.,  29. 

See  generally,  Johnson  vs.  Milwaukee,  46  Wis.,  568. 
Whitney  vs.  Milwaukee,  57  Wis.,  639. 

A  complaint  which  shows  that  no  action  against  the  party 
primarily  liable  was  commenced  until  five  and  a  half  years  after 
the  injury,  and  states  no  facts  to  explain  the  delay,  or  to  show 
whether  the  city,  if  held  liable,  would  be  injured  by  such  delay, 
fails  to  state  a  cause  of  action  against  the  city. 

McFarlane  vs.  Milwaukee,  51  Wis.,  691. 

Ordinaril}^  a  city  is  liable  for  a  nuisance  where  a  private  person 
would  be.  If  it  causes  earth  to  be  left  or  placed  in  a  street 
unnecessarily,  so  as  to  obstruct  the  flow  of  water  in  the  gutters,  it 
will  be  liable  to  an  adjoining  lot  owner  who  is  injured  by  the  over- 
flow of  water  caused  by  such  obstruction. 

Harper  vs.  Milwaukee,  30  Wis.,  365. 

A  person  was  injured  by  falling  on  ice  formed  on  a  sidewalk  by 
reason  of  water  pumped  upon  a  street  by  a  city  fire-engine.  Held, 
that  the  city  was  not  liable,  it  not  appearing  the  engine  was  not 
used  for  a  lawful  purpose. 

Cook  vs.  Milwaukee,  27  Wis.,  191. 

If  ice  or  snow  is  permitted  to  accumulate  upon  a  sidewalk  in 
such  a  rounded  or  uneven  form  that  one  using  due  care  cannot 
walk  over  it  without  danger  of  falling,  the  municipality  is  liable  to 
the  person  injured  thereby.  Otherwise,  if  the  injury  results  from 
mere  slipperiness,  arising  from  the  smooth  surface  of  the  ice  or 
snow  accumulated  upon  it. 

Cook  vs.  Milwaukee,  24  Wis.,  270. 
Perkins  vs.  Fond  du  Lac,  34  Wis.,  435. 
See,  also,  Kittredge  vs.  Milwaukee,  26  Wis.,  46,  and 
Lane  vs.  Madison,  86  Wisconsin,  453,  and  note  in  47 
Am.  and  Eng.  Corp.  Cases,  36. 


CHAP.  MILWAUKEE   CITY   CHARTER.  278 

20 

A  municipal  corporation  making  improvements  for  the  public 
good,  is  not  answerable  for  consequential  damages  produced 
thereby  to  property  in  the  vicinity  of  such  improvement,  no  part 
of  which  is  taken  or  used  therefor. 

Alexander  vs.  Milwaukee,  16  Wis.,  264. 

The  provisions  of  this  section  held  valid,  but   not  applicable 
when   the   defective   condition   is   caused   by   the   negligence  of 
persons  making/>«(^/^V  improvements  under  a  contract  with  the  city. 
Hincks  vs.  Milwaukee,  46  Wis. ,  559. 

In  general,  the  question  as  to  whether  or  not  a  particular  condi- 
tion of  a  street  or  sidewalk  amounts  to  a  defect  for  which   the 
municipality  will  be  held  liable,  is  a  question  of  fact  for  the  jury. 
McMaugh  vs.  Milwaukee,  32  Wis.,  200. 

Also  whether  the  defective  condition  has  existed  long  enough  to 
charge  the  city  with  notice. 

Sheel  vs.  Appleton,  49  Wis.,  125. 

Every  municipality  is  bound  at  its  peril  to  keep  its  highways  in 
sufficient  repair,  or  to  take  precautionary  measures  t':^  protect  the 
public  against  damages  from  insufficient  highways. 

Prideaux  vs.  Mineral  Point,  43  Wis.,  513. 

When  city  primarily       SECTION  2.     Whenever  any  injury   shall    happen    to 
'i^'''®-  person  or  property  in  the  said  city  of  Milwaukee,  at  any 

place  in  said  city  where  work  of  any  kind  or  nature  is 
being  done  in  or  on  any  street  or  sidewalk  by  any  person  or 
party  under  contract  with  said  city,  or  with  the  board  of 
public  works,  in  the  name  of  the  city,  in  consequence 
of  any  neglect  or  default  of  such  person  or  party  in  doing 
such  work  or  improperly  fencing  or  otherwise  guarding 
such  street  or  sidewalk  to  prevent  accident  while  such 
work  is  going  on,  such  person  or  party  doing  such  work 
and  guilty  of  such  neglect  or  default  shall  be  primarily 
liable  for  all  damages  for  such  injury,  and  the  said  city 
•  shall  not  be  liable  therefor  until  after  all  legal  remedies 
shall  have  been  exhausted  to  collect  such  damages  from 
such  person  or  party  so  primarily  liable. 

As  amended  by  Section  56,  Chapter  324,  Laws  of  1882. 

The  provisions  of  this  section,  before  its  amendment  in  1882, 
A<?/^invalid,as  granting  to  the  city  of  Milwaukee  a  special  immunity 
against  a  general  rule  of  law,  to  which  all  other  municipal  corpora- 
tions are  left  subject. 

Hincks  vs.  Milwaukee,  46  Wis.,  559. 

Under  this  section,  the  injury  must  be  incurred  at  the  place 
where  the  work  is  being  done,  in  order  to  render  the  city  liable. 
"We  are  inclined  to  think  that  the  object  of  the  law  is  to  restrict 


279  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

the  statutory  liability  of  the  city  for  injuries  to  person  and  property 
of  travelers  in  the  streets." 

Harper  vs.  Milwaukee,  30  Wis.,  376  op. 

Section  3.     No  penalty  or  judgment  recovered  in  favor  Two-thirds  vote 

of  the  city  shall  be  remitted  or  discharged  without  payment,     necessary  to 

i*pniii  Pio 
and  no  resolution  for  a  stay  of  prosecution  for  a  violation  ' 

of  a  city  ordinance  shall  be  passed,  except  by  an  affirma- 
tive vote,  in  either  case,  of  two-thirds  of  all  the  members 
elect  of  the  common  council. 

Section  4.     No  person  shall  bean  incompetent  judge,    Competency. 
justice,  witness,    or  juror,    by   reason  of  his   being   an 
inhabitant  or  freeholder  in  the  city  of  Milwaukee,  in  any 
proceeding  or  action  in  which  the  city  shall  be  a  party 
in  interest. 

Section  5.     All  ordinances,  regulations,  or  resolutions   Remaining  in  force, 
now  in  force  in  the  city  of  Milwaukee,   and  not  incon- 
sistent with  this  act,  shall  remain  in  force  under  this  act 
until  altered,  modified  or  repealed  by  the  common  council 
after  this  act  shall  take  effect. 

Section  6.     All  actions,   rights,  fines,  penalties  and  Vested  actions,  etc. 
forfeitures,  in  suit  or  otherwise,  which  have  accumulated 
under  the  several  acts  consolidated  herein,  shall  be  vested 
in  and  prosecuted  by  the  corporation  hereby  created. 

Section  7.     If  any  election  by  the  people  or  common  Accidental  failure, 
council  shall,  for  any  cause,  not  be  held  at  the  time  or  in     not  to  suspend 
the  manner  herein  prescribed,  or  if  the  council  shall  fail     ^°''P**''^  '°"- 
to  organize  as  herein  provided,  it  shall  not  be  considered 
reason  for  arresting,  suspending  or  absolving  said  corpo- 
ration, but  such  election  or  organization  may  be   had  on 
any   subsequent  day,   by  order  of  the  common  council; 
and   if  any   of  the   duties   enjoined   by  this   act,  or   the 
ordinances  or  by-laws  of    the  city,  to   be  done  by  any 
officer  at  any  specified  time,  are  not  then   done  or  per- 
formed, the  common  council  may  appoint  another  time  at 
which  the  said  acts  may  be  done  and  performed. 

Section  8.     When  any  suit  or  action  shall  be  com-   service  of  process 
menced  against  said  city,  the  service  of  process  therein     in  city  cases,  how 
may  be  made  by  leaving  a  copy  of  the  process  by  the     "^^^®" 
proper  officer  with  the  mayor,  and  it  shall  be  the  duty  of 
the    mayor,    forthwith   to   inform   the   common    council 
thereof,    or   to   take  such  other  proceedings  as  by  the 


CHAP. 

20 


MILWAUKEE   CITY    CHARTER. 


280 


Real  and  personal 
property  of  city 
exempt  from 
execution. 


Real,  personal  and 
mixed  property 
vested  in  city. 


Powers  of  old 
council  con- 
tinued. 


Board  of  health 
continued. 


Salaries  to  remain 
unchanged. 


ordinances  or  resolutions  of  said  council  may  be  in  such 
case  provided.  When,  in  any  suit,  the  city  shall  take  an 
appeal  from  the  order  or  judgment  of  any  court  in  the 
state,  to  a  higher  court,  it  shall  not  be  required  to  furnish 
an  appeal  bond. 

Section  9.  All  property,  real  and  personal,  now  or 
at  any  time  hereafter  belonging  to  said  city,  or  to  either 
of  the  wards  thereof,  shall  be  exempt  from  levy  and  sale, 
under  or  by  virtue  of  any  execution;  provided,  that  any 
such  property,  real  or  personal,  shall  be  subject  to  levy 
and  sale  by  virtue  of  any  execution  issued  on  a  judgment 
for  the  purchase  money  thereof.  Nor  shall  any  real  or 
personal  property  of  any  inhabitant  of  said  city,  or  of  any 
individual  or  corporation,  be  levied  on  and  sold  by  virtue 
of  any  execution  issued  to  satisfy  or  collect  any  debt, 
obligation  or  contract  of  said  city. 

Section  10.  All  property,  real,  personal,  or  mixed, 
belonging  to  the  city  of  Milwaukee,  is  hereby  vested  in 
the  corporation  created  by  this  act.  The  officers  of  said 
corporation,  now  in  office,  shall  respectively  continue  in 
the  same  until  superseded  in  accordance  with  the  provis- 
ions thereof,  but  shall  be  governed  by  this  act,  which 
shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  publication;  provided,  that  the  common  council  of 
said  city,  as  now  constituted  and  organized,  being  a  board 
of  aldermen  and  a  board  of  councilors,  separate  and 
distinct  from  each  other,  shall  until  the  organization  of 
the  new  common  council,  under  this  act,  on  the  third 
Tuesday  of  April,  A.  D.  1874,  have  and  exercise  the 
duties,  powers  and  functions  of  the  common  council  of 
said  city,  as  defined  by  this  act,  but  in  the  manner  and 
under  the  forms  and  course  of  procedure  prescribed  by 
the  act,  under  which  said  existing  common  council  was 
organized;  and  the  mayor  shall  continue  to  act  as  the 
presiding  officer  of  such  common  council;  and  provided 
further,  that  until  the  board  of  health  created  by  this  act 
shall  be  appointed  and  organized,  the  now  existing  board 
of  health  shall  continue  in  office  with  the  duties  and 
powers  conferred  upon  them  by  the  laws  creating  and 
regulating  such  board;  and  provided  further,  that  until 
the  third  Tuesday  in  April,  1874,  the  salaries  and 
allowances  to  officers  in  said  city  shall  continue  as  they 
now  are,  unchanged  by  anything  in  this  act  contained; 
and  further  provided,  that  chapter  ten  of  this  act,  except 


281  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

the  first  section  thereof,  shall  only  take  effect  and  become 
operative  on  the  first  day  of  January,  A.  D.  1875,  or  at 
the  time,  either  before  or  after  that  date,  when,  in  accord- 
ance with  the  provisions  of  said  section  one,  the  powers, 
duties  and  functions  of  the  board  of  water  commissioners 
of  the  city  of  Milwaukee,  and  of  their  officers,  agents, 
employes  and  servants  shall  cease  and  determine. 

Section  11.     The  said  city  may  lease,  purchase  and  Q^y  ^^y  acquire 

hold  real  or  personal  estate  sufficient  for  the  convenience  real  and  personal 

of  the  inhabitants  thereof;  and  may  sell   and  convey  the  P''®P®''y- 
same;  and  the  same  shall  be  free  from  taxation. 

The  city  may  lease  lands  for  temporary  use  as  a  public  street. 
Oilman  vs.  Milwaukee,  31  Wis.,  563, 

But  it  has  no  power  to  purchase  an  easement  for  street 
purposes. 

Trester  vs.  Sheboygan,  87  Wis.,  496. 

Section  12.  Real  estate  exempted  from  taxation  by 
the  laws  of  the  state  shall  be  subject  to  special  taxes,  as 
other  real  estate  under  this  act. 

Section  13.  The  justices  of  the  peace  elected  in  the 
said  city  shall  not  have  jurisdiction  to  hear  complaints  or 
conduct  examinations  or  trials  in  criminal  cases  within  the 
city;  but  they  may  issue  warrants  in  criminal  cases, 
returnable  before  the  municipal  court,  but  no  fees  shall  be 
received  therefor  by  them. 

As  amended  by  Section  57,  Chapter  324,  I^aws  of  1882. 

Section  14.  No  general  law  of  this  state,  contraven- 
ing the  provisions  of  this  act,  shall  be  considered  as 
repealing,  amending,  or  modifying  the  same,  except  such 
purpose  be  expressly  set  forth  in  such  law. 

Where  it  is  clear  that  the  legislature  intended  an  act  to  apply 
to  the  city  of  Milwaukee,  as  well  as  to  other  towns  and  cities, 
such  intention  must  prevail. 

Brighman  vs.  Kirner,  22  Wis.,  53. 

Raymond  vs.  Sheboygan,  76  Wis.,  335. 

Section  15.  The  common  council  of  the  city  of 
Milwaukee  are  hereby  authorized  to  cause  this  act, 
together  with  any  other  acts  or  parts  of  acts  of  the  legis- 
lature of  Wisconsin  relating  to  it,  affecting  said  city,  and 
also  any  of  the  ordinances,  by-laws,  rules  and  regulations 
of  said  city  or  any  of  its  departments,  and  any  other  acts, 


CHAP.  MILWAUKEE   CITY   CHARTER.  282 

20 

resolutions,  contracts  or  other  documents  relating  to  or 
affecting  said  city,  to  be  printed  and  published  in  book 
form,  and  such  book  shall  be  deemed  prima  facie  evidence 
of  the  contents  and  passage,  and  shall  be  a  sufficient 
publication  of  all  such  acts,  ordinances,  by-laws,  rules, 
resolutions  and  regulations,  printed  copies  of  the  ordi- 
nances, by-laws,  resolutions  and  regulations  of  the  city  of 
Milwaukee  in  any  newspaper,  book,  pamphlet  or  other 
form  purporting  to  be  published  by  authority  of  the 
common  council  of  said  city  shall  be  admitted  in  all  courts 
of  this  state  as  presumptive  evidence  of  such  ordinances, 
laws,  resolutions  and  regulations,  and  of  the  due  passage, 
publication  and  recording  thereof. 

As  amended  by  Chapter  30,  Laws  of  1889. 

«.j.-  uMi-       11         Section  16.     This  act  .shall  not  invalidate  anv  legal 
Old  liabilities  not  to  ,         ,       ,  .,     ^   ,        .        ^,,.,   ^     , 

be  disturbed.         act  done  by  the  common  council  ot  the  city  of  Milwaukee, 

or  by  its  officers,  nor  divest  their  successors  under  this  act 

of  any  rights  of  property  or  otherwise,  or  of  any  liability 

which   may  have  accrued   to,  or  been   created   by    said 

corporation  prior  to  the  passage  of  this  act. 

Enumeration  of  SpXTion  17.     Chapter  fifty-six  of  the  session  laws  of 

laws  repealed  by  this  state  for  1852,  entitled  "an  act  to  consolidate  and 
thrsMl! ^^^  ^  amend  the  act  to  incorporate  the  city  of  Milwaukee  and 
the  several  acts  amendatory  thereof, ' '  approved  Februar}^ 
20,  1852;  the  several  acts  amendatory  of  said  chapter 
fifty -six  or  relating  to  said  city  of  Milwaukee,  particularly 
mentioned  and  described  as  follows,  to-wit:  chapter 
three  hundred  and  eighty-five  of  the  session  laws  of  the 
year  1852;  chapters  twenty-six  and  one  hundred  and 
seventy  of  the  session  laws  of  the  year  1853;  chapters 
seventy-three,  one  hundred  and  ninety-six,  two  hundred 
and  forty-seven,  and  three  hundred  and  seventy-two  of 
the  session  laws  of  the  year  1855;  chapters  one  hundred 
and  fifty-six  and  three  hundred  and  thirty-eight  of  the 
session  laws  of  the  year  1856;  chapter  three  hundred  and 
forty-four  of  the  session  laws  of  the  year  1857;  chapters 
one  hundred  and  seventeen  and  two  hundred  and  thirty - 
three  of  the  session  laws  of  the  year  1858;  chapters  one 
hundred  and  seventy-two  and  one  hundred  and  ninety 
of  the  session  laws  of  the  year  1859;  chapter  three 
hundred  and  fifty-six  of  the  session  laws  of  the  year 
1860;  chapters  two  hundred  and  ninety,  two  hundred 
and  ninety-one  and  two  hundred  and  ninety-two  of  the 


283  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

session  laws  of  the  year  1861;  chapters  one  hundred  and 
forty-two,  three  hundred  and  eight,  three  hundred 
and  nine,  three  hundred  and  ten  and  three  hundred  and 
forty-seven  of  the  session  laws  of  the  3'ear  1862;  chapter 
two  hundred  and  thirty-nine  of  the  session  laws  of  the 
year  1863;  chapters  two  hundred  and  eighty-three  and 
five  hundred  and  thirteen  of  the  session  laws  of  the  year 
1865;  chapter  two  hundred  and  sixty-eight  of  the  session 
laws  of  the  year  1866;  chapters  two  hundred  and  fifty- 
two,  three  hundred  and  ninety-four,  five  hundred  and 
five,  five  hundred  and  forty-four,  five  hundred  and  ninety- 
five  and  six  hundred  and  eight  of  the  session  laws  of  1867; 
chapters  one  hundred  and  forty-six,  three  hundred  and 
thirty-three,  three  hundred  and  forty  and  three  hundred 
and  eighty-six  of  the  session  laws  of  the  year  1868; 
chapters  two  hundred  and  ninety -nine,  three  hundred  and 
twenty-four,  three  hundred  and  ninety-nine,  four  hundred 
and  one,  four  hundred  and  twenty-seven,  four  hundred  and 
twenty-four,  three  hundred  and  ninety-nine,  and  four 
hundred  and  thirty -two  of  the  session  laws  of  the  year 
1869;  chapters  two  hundred  and  forty-five,  two  hundred 
and  seventy-four  and  four  hundred  and  one  of  the  session 
laws  of  the  year  1870;  chapters  seven,  one  hundred  and 
eight,  three  hundred  and  sixty,  four  hundred  and  four- 
teen, four  hundred  and  thirty-eight,  four  hundred  and 
ninety-two  and  four  hundred  and  twenty-one,  except 
section  four  thereof,  of  the  session  laws  of  the  year  1871; 
chapters  forty-five  and  sixty-one  of  the  session  laws  of 
the  year  1872,  and  sections  one,  two,  three,  four,  five,  six, 
seven,  eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen, 
fifteen,  twenty-two,  twenty-three,  twenty-four,  thirty-two 
and  thirty-three  of  chapter  one  hundred  and  twenty-nine 
of  the  session  laws  of  the  year  1873;  these  and  all  other 
acts  and  parts  of  acts,  inconsistent  with  or  superseded  by 
this  act,  are  hereby  repealed;  but  such  repeals  shall  not 
in  any  manner  affect,  injure  or  inv^alidate  any  contracts, 
acts,  suits,  proceedings,  claims  or  demands  that  may  have 
been  entered  into,  performed  or  commenced,  or  that  may 
exist  under  or  by  virtue  or  in  pursuance  of  the  said  acts, 
or  any  of  them;  but  the  same  shall  remain  in  full  force 
and  effect,  and  be  in  force  and  carried  out  as  fully  and 
effectually  as  if  this  act  had  not  been  passed,  but  in 
conformity  with  the  provisions  of  this  act  so  far  as  the 
same  may  be  applicable. 


CHAP. 

20 


MILWAUKEE   CITY   CHARTER. 


284 


Our  courts  will  take  judicial  notice  of  the  charter  of  the  city  of 
Milwaukee,  and  the  acts  amendatory  thereof,  as  being  public  acts. 
Terry  vs.  Milwaukee,  15  Wis.,  543. 
Alexander  vs.  Milwaukee,  16  Wis.,  264. 


Mayor  may  appoint 
inspectors  of 
buildings;  term  of 
office  four  years; 
to  give  bond; 
salary  of  inspect- 
ors. 


Mayor  may 
remove. 


CHAPTER    459,    LAWS    OF     1887. 

Section  1.  The  mayor  of  the  city  of  Milwaukee  shall,  at  the 
time  of  the  first  meeting  of  the  common  council  of  said  city  in 
the  month  of  May,  once  in  every  four  years,  commencing  with  the 
year  1887,  appoint  an  inspector  of  buildings,  who  shall  reside  in 
the  city  of  Milwaukee,  and  who  shall  be  an  experienced  architect 
or  builder.  Such  appointment  shall  be  made  by  sending  the  name 
of  the  person  so  appointed  by  the  mayor,  either  for  a  full  term  or 
to  fill  any  vacancy  in  any  unexpired  term,  to  the  common  council 
of  said  city,  and  no  appointment  shall  be  valid  until  confirmed  by 
the  said  common  council.  In  case  the  said  council  shall  neglect 
or  refuse  to  confirm  any  such  appointment,  the  mayor  shall  make 
another  appointment,  until  the  same  shall  have  been  so  confirmed. 
The  said  inspector  of  buildings  shall  hold  office,  unless  sooner 
removed,  for  the  term  of  four  years  from  the  first  day  of  June  in 
the  year  in  which  he  shall  have  been  appointed,  except  when 
appointed  to  fill  a  vacancy  in  said  term;  in  which  latter  case,  he 
shall  hold  office  for  the  unexpired  term  of  his  predecessor.  In  all 
cases  the  inspector  of  buildings  shall  hold  office  until  the  appoint- 
ment, confirmation  and  qualification  of  his  successor.  Before 
entering  upon  the  duties  of  his  office,  the  person  appointed 
inspector,  whether  for  a  full  term  or  to  fill  a  vacancy  in  any  vinex- 
pired  term,  shall  file  with  the  city  clerk  of  said  city,  within  ten 
days  after  receiving  notice  of  the  confirmation  of  his  appointment 
by  the  common  council,  a  bond  in  the  sum  of  five  thousand  dollars, 
with  at  least  two  sureties,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office.  Such  bond  shall  be  approved  by  the 
comptroller  of  the  city  of  Milwaukee  as  to  the  sufficiency  of 
the  sureties  therein,  and  by  the  city  attorney  of  the  city  of 
Milwaukee,  as  to  the  form  and  execution  thereof;  and  the  said 
person  so  appointed  shall  at  the  time  of  the  filing  of  said  bond,  file 
also  with  the  clerk  of  said  city  his  oath  in  writing,  to  be  executed 
in  the  form  and  manner  as  are  the  oaths  of  other  public  officers  of 
said  city.  The  mayor  of  the  city  of  Milwaukee  shall  have  power 
to  remove  such  inspector  at  any  time,  in  case  he  shall  neglect  to 
perform  the  duties  of  his  office,  or  shall  for  any  reason  be  incom- 
petent to  perform  the  same.  The  inspector  of  buildings  so 
appointed  shall  receive  an  annual  salary  of  fifteen  hundred  dollars, 
which  shall  be  paid  to  him  out  of  the  treasury  of  the  city  of 
Milwaukee  in  monthly  installments,  the  same  as  the  salaries  of 
the  other  officers  of  the  said  city  are  now  paid.  In  case  of  the 
failure  or  neglect  of  the  city  of  Milwaukee  or  the  common  council 
thereof  to  provide  said  inspector  of  buildings  with  a  suitable  office, 
then  and  in  such  case  he  shall  receive  the  sum  of  three  hundred 
dollars  pei  annum,  to  be  paid  to  him  monthly,  at  the  time  when 
his  salary  u  herein  directed  to  be  paid  to  him,  and  he  shall 
continue  to  receiv'e  said  sum  so  long  as  said  common  council  shall 


285 


MILWAUKEE   CITY    CHARTER. 


CHAP. 

20 


fail  or  neglect  to  provide  him  with  such  office.  His  office  shall  be 
held  at  all  times  in  the  city  of  Milwaukee  and  shall  be  open 
during  the  business  hours  of  each  day  for  public  business, 
The  said  inspector  of  buildings  shall  have  authority  to  incur 
liability  on  the  part  of  and  against  the  city  of  Milwaukee  not  to 
exceed  the  sum  of  five  hundred  dollars  in  any  one  year. 

From  the  liability  so  incurred  he  may  hold  inquests,  employ 
clerks  and  stenographers,  and  defray  other  incidental  expenses 
necessary  to  carry  into  effect  the  purposes  of  this  act;  and  the  bills 
for  expenses  within  said  amount  shall  be  audited  by  the  city  comp- 
troller of  said  city,  and  paid  by  the  city  treasurer,  as  are  other 
claims  against  the  city  of  Milwaukee. 

Section  2.  The  duties  of  the  inspector  of  buildings  shall  be  to 
inspect  all  buildings  within  the  city  of  Milwaukee,  and  especially 
those  now  being  built  or  repaired,  and  such  as  may  hereafter  be 
built  or  repaired,  and  to  ascertain,  by  or  without  the  aid  of  a  jury, 
whether  said  buildings  have  been  built  or  repaired,  or  are  being 
built  or  repaired  as  required  by  law,  and  the  ordinances  of  the  city 
of  Milwaukee.  It  shall  also  be  the  duty  of  such  inspector,  when 
he  shall  deem  it  necessary,  to  examine  into  and  ascertain,  by  or 
without  the  aid  of  a  jury,  the  cause  of  all  fires  happening  to  any 
building  in  said  city,  and  of  all  accidents  caused  by  the  breaking 
or  falling  down  of  any  building  in  said  city,  and  also  to  ascertain, 
by  or  without  the  aid  of  a  jury,  what  buildings  in  said  city  are 
unsafe  and  dangerous  to  be  occupied,  arising  either  from  the  condi- 
tion of  the  building  or  the  manner  in  which  it  is  used.  It  shall 
also  be  the  duty  of  said  inspector,  by  or  without  the  aid  of  a  jury, 
to  find  out  all  cases  of  the  violation  of  any  of  the  laws  of  the  state, 
or  any  ordinance  of  the  city  of  Milwaukee,  relating  to  the  construc- 
tion, repairing  or  moving  of  any  building  in  said  city. 

Section  3.  Such  inspectors  of  buildings  shall  have  authority 
and  power  to  hold  inquests,  either  with  or  without  the  aid  of  a 
jury,  to  be  summoned  by  such  inspector  in  the  manner  now 
provided  by  law  for  coroners  juries.  Whenever  such  inspector 
shall  think  the  interests  of  the  public  require  an  inquest  to  be 
held,  he  shall  proceed  to  hold  the  same,  and  shall  have  the 
authority  to  administer  oaths,  summon  juries,  if  such  inquest  is 
before  a  jury,  in  the  same  form  and  manner  as  is  now  provided  by 
law  for  the  coroners  of  the  several  counties  within  this  state.  The 
expenses  of  said  inquest  shall  be  paid  from  the  said  sum  of  five 
hundred  dollars  hereinbefore  provided  for.  The  said  inspector  of 
buildings  shall  keep  a  record  of  all  proceedings  had  in  any  inquest 
held  under  the  provisions  of  this  act;  and  it  shall  be  the  duty  of 
the  chief  of  police  of  said  city  to  cause  to  be  served  all  subpoenas, 
demands  and  warrants  issued  by  said  inspector,  and  attend  or  cause 
a  policeman  to  attend  any  inquest  held  by  said  inspector  when 
notified  so  to  do.  Such  inspector  shall  have  all  the  power  and 
authority  of  a  court  commissioner  of  the  circuit  court  for  the 
purpose  of  administering  oaths,  compelling  witnesses  to  answer 
questions,  issuing  subpoenas  and  enforcing  obedience  to  the  same, 
preserving  order  during  the  holding  of  an  inquest,  and  punishing 
for  contempt  any  violation  of  such  order,  or  refusal  to  answer  any 
question    pertinent    to    the    subject    matter  of  the  inquest.    No 


Duties  of  inspector. 


May  hold  inquests: 
to  l(eep  a  record 
of  all  proceedings 
held  by  him;  may 
administer  oaths 
to  witnesses. 


CHAP, 

20 


MILWAUKEE  CITY  CHARTER. 


286 


May  demand  and 
have  admission  to 
buildings  for  pur- 
pose of  mspec- 
tion;  when  admis- 
sion refused  may 
apply  to  judge  of 
circuit  court  of 
Milwaukee 
county  for  writ  of 
assistance. 


May  apply  for  order 
restraining  con- 
struction of  build- 
ing— when. 


Inquest"  defined. 


one  shall  be  excused  from  answerwing  any  question  pertinent  to 
the  subject  matter  of  the  inquest  on  the  ground  that  his  answer 
may  tend  to  criminate  himself;  but  no  such  answer  shall  be  used 
against  such  witness  in  any  matter  or  proceeding  whatever. 

Section  4.  Such  inspector  of  buildings  may  demand  and  shall 
have  admission  to  any  building  within  the  city  of  Milwaukee  at 
any  time,  except  any  building  used  exclusively  as  a  place  of 
residence  of  not  exceeding  two  private  families,  lor  the  purpose 
of  inspecting  the  same,  aid  in  the  performance  of  the  duties  of 
his  oflEice;  and  if  such  admission  be  refused  and  he  be  unable  to 
obtain  such  admission  for  any  reason,  after  properly  demanding 
the  same  at  a  reasonable  time,  he  may  apply  to  the  judge  of  the 
circuit  court  of  Milwaukee  county  for  a  writ  of  assistance,  and  if 
the  judge  of  said  court  shall  be  satisfied  that  it  is  proper  and 
necessary  for  such  inspector  to  gain  admission  to  such  building 
and  is  unable  to  do  so,  he  may  issue  a  writ  of  assistance  to  the 
sheriff  of  Milwaukee  county,  commanding  said  sheriflF  to  enter  in 
and  upon  said  building  with  said  inspector,  with  such  force  as  may 
be  necessary  to  enable  such  inspector  to  perform  his  duties.  The 
board  of  public  works  of  the  city  of  Milwaukee  shall  issue  no 
permit  to  any  one  to  use  any  street  for  the  deposit  of  material  for 
the  construction  or  repair  of  any  building  in  said  city,  unless  such 
person  shall  first  file  with  said  board  his  written  consent,  author- 
izing said  inspector  of  buildings,  upon  reasonable  notice  and 
demand,  to  enter  into  and  upon  and  inspect  said  buildings  and 
repairs. 

Section  5.  When  in  the  opinion  of  the  inspector  of  buildings 
the  erection  or  construction  of  any  building  within  the  city  limits 
of  said  city,  or  the  making  of  alterations  or  repairs  upon  any 
buildings  within  the  limits  of  said  city,  are  being  done  in  a  reck- 
less, careless  or  unsafe  manner,  or  in  violation  of  the  provisions 
of  any  law  or  of  any  ordinances  of  the  city  relating  thereto,  he 
may  make  application  upon  his  verified  complaint  to  any  court  of 
record  of  civil  jurisdiction  in  the  county  of  Milwaukee  for  an 
orde-.  restraining  the  person  or  persons  constructing,  erecting  or 
repairing  such  building  or  buildings,  and  upon  such  application 
the  court  may  issue  such  order  restraining  such  person  or  persons 
from  erecting,  constructing  or  repairing  such  building  or  buildings 
until  sufficient  cause  shall  be  shown  for  the  dissolution  of  such 
restraining  order.  Such  restraining  order  may  be  dissolved  upon 
sufficient  cause  being  shown,  or  upon  the  certificate  in  writing  of 
the  said  inspector  of  buildings  that  the  person  or  persons  restrained 
therein  and  thereby  have  agreed  to  construct  or  erect  such  build- 
ings, or  make  such  alterations  or  repairs  according  to  law  and  in 
conformity  with  the  directions  of  the  said  inspector  of  buildings. 
No  costs  shall  be  taxed  against  the  city  of  Milwaukee  in  any  event 
upon  the  dissolution  of  any  such  restraining  order. 

Section  6.  The  word  "  inquest  "  as  used  in  this  act,  shall  be 
construed  to  mean  an  examination  and  inquiry  by  said  inspector 
into  those  matters  into  which  he  is  required  by  law  to  inquire,  in 
order  to  perform  the  duties  imposed  upon  him  by  this  act. 


287 


MILWAUKEE   CITY   CHARTER. 


Section  7.  This  act  is  amendatory  of  the  charter  of  the  city 
of  Milwaukee,  being  chapter  184,  of  the  laws  of  1874,  and  the 
various  laws  amendatory  thereof;  and  any  of  the  provisions  thereof 
which  are  inconsistent  with  the  provisions  of  this  act,  or  not  in 
harmony  with  its  provisions  are  declared  to  be  modified,  amended, 
superseded  or  repealed  by  this  act,  as  the  intention  herein  may 
require. 


CHAP. 

20 


Amendatory  of 
charter. 


CHAPTER    375,    LAWS    OF     1885,    AS    AMENDED    BY 
CHAPTER    304,    LAWS    OF     1889. 

AN  ACT  to  protect  life  and  property  from  destruction  by  fire. 

Section  1.  Every  inn,  hotel,  boarding-house,  or  tenement 
building  in  this  state,  more  than  two  stories  in  height,  and  con- 
taining sleeping  apartments,  offices,  theaters  or  assembly  halls 
above  the  ground  floor,  designed  for  occupancy  by  twenty-five 
or  more  persons,  shall  be  provided  with  not  less  than  two  fire- 
proof stairs  or  ladders  outside;  said  stairs  or  ladders  to  be  located 
on  different  sides  of  said  inn,  hotel,  boarding-house  or  tenement 
building,  in  each  case  connecting  the  cornice  with  the  top  of  the 
first  story  of  any  such  inn,  hotel,  boarding-house  or  tenement 
building,  with  a  platform,  balcony,  piazza  or  other  safe  and  con- 
venient resting  place  on  a  level  with  the  floor  of  each  story  so 
connected.  Such  stairways  or  ladders  herein  named  shall,  in 
every  case  be  convenient  of  access  from  the  interior  of  any  such 
building,  commodious  in  construction  and  of  sufficient  strength 
and  firmness  to  render  the  same  amply  safe  and  reliable  for  the 
purpose  of  ascent  and  descent  in  case  of  danger  from  fire.  But 
this  act  shall  not  be  construed  so  as  to  apply  to  private  dwellings. 

Section  2.  The  inside  walls  or  casings  of  every  elevator  for 
the  conveyance  of  passengers  to  and  from  the  upper  stories  of  any 
such  building,  as  is  described  in  the  preceding  section  of  this  act, 
shall  be  constructed  of  fire-proof  material  throughout. 

Section  3.  In  all  inns,  hotels  or  other  buildings  hereinbefore 
described,  not  less  than  one  efficient  and  faithful  watchman  shall 
be  on  service  from  ten  o'clock  P,  M.,  until  five  o'clock  A.  M., 
during  each  and  every  night  that  said  inn,  hotel  or  other  building 
described  is  occupied,  and  every  said  watchman  shall  be  required 
to  establish  the  fact  of  his  fidelity  on  every  occasion  when  on 
duty,  by  the  most  efficient  methods  in  use  for  that  purpose. 

Section  4,  In  every  inn,  hotel  or  other  building  hereinbefore 
described,  there  shall  be  posted  in  every  room,  in  legible  print,  a 
brief  and  accurate  statement  of  all  means  of  safety  and  escape  in 
case  of  fire. 


Fire  escapes. 
Boarding   houses 
and  tenement 
buildings  required 
to  have— how 
constructed. 


Elevator,  how  to  be 
constructed. 


Watchmen  shall  be 
on  duty. 


Statement  to  be 
posted. 


Section  5.  Any  owner,  landlord  or  other  person  in  charge  of 
any  building  hereinbefore  described,  and  coming  within  the 
provisions  of  this  act,  who  shall  omit  to  comply  with  the  provisions 
of  this  act,  or  who  shall  knowingly  permit  any  violation  of  the 
provisions  of  this  act,  shall  be  held  guilty  of  a  misdemeanor  in 
permitting  the  violation  of  any  provisions  of  this  act,  and  for  such 


Penalty  for  non- 
compliance. 


CHAP. 

20 


MILWAUKEE   CITY   CHARTER. 


288 


misdemeanor  may  be  punished  by  fine  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  not  exceeding  ninety  days  on  each 
conviction  thereof. 


May  employ  veter- 
inary. 


Chief  engineer  to 
nominate. 


To  be  subject  to 
all  the  rules  of 
the  department. 


Services  the  sur- 
geon shall 
render. 


Comptroller  not  to 
countersign  with- 
out certificate  of 
surgeon. 


CHAPTEK  342,  LAWS  OF  1887. 

Section  1.  The  city  of  Milwaukee  shall  be  authorized,  and  is 
hereby  authorized  to  employ  a  veterinary  surgeon  in  its  fire 
department,  who  may  be  required  to  render  service  in  respect  to 
all  horses  used  by  the  city. 

Section  2.  On  or  before  the  first  Monday  in  July,  1887,  the 
chief  engineer  of  the  fire  department  may  nominate,  with  the 
approval  of  the  board  of  fire  and  police  commissioners,  he  may 
appoint  a  qualified  and  suitable  person  to  be  the  veterinary  surgeon 
of  the  fire  department,  who  shall  take  the  official  oath  required 
of  officers  of  the  city  and  shall  hold  his  position  at  the  pleasure  of 
the  chief.  In  case  of  a  vacancy  in  the  office  at  any  time  it  shall 
be  filled  by  appointment  in  the  same  way. 

Section  3.  The  veterinary  surgeon  so  appointed  and  his 
successors  in  office,  shall  be  subject  to  all  the  rules  of  the  depart- 
ment which  are  applicable  to  such  an  officer,  and  shall  also  be 
subject  always  to  the  special  control  and  direction  of  the  chief. 
The  salary  of  the  veterinary  surgeon  is  hereby  fixed  at  six  hundred 
dollars  per  year,  and  shall  be  paid  in  monthly  installments,  at  the 
same  time  and  in  the  same  manner  as  other  salaries  in  the  fire 
department  are  paid. 

Section  4.  The  veterinary  surgeon  shall  render  such  services 
and  perform  such  duties  as  shall  be  required  by  the  rules  of  the 
fire  department,  and  also  such  as  may  be  required  by  the  chief  at 
any  time.  Especially  the  veterinary  surgeon  will  be  required  to 
make  careful  examinations  of  horses  offered  for  purchase  by  the 
city  for  the  use  of  the  fire  department  when  required  by  the  chief 
(or  by )  any  officer  of  the  city  or  any  board  having  authority  to 
purchase  such  horses,  and  no  horses  shall  be  purchased  for  such 
use  without  a  certificate  by  the  veterinary  surgeon  that,  in  his 
opinion,  the  horse  is  fit  for  the  service  intended;  and  no  bill  or 
resolution  for  the  payment  for  any  horse  purchased  for  such  use 
shall  be  countersigned  by  the  comptroller  unless  it  is  accompanied 
by  such  a  certificate  of  the  veterinary  surgeon.  It  shall  be  the 
duty  of  the  veterinary  surgeon,  at  least  once  in  each  month,  to 
visit  the  quarters  of  each  company  belonging  to  the  fire  depart- 
ment, and  to  inspect  carefully  and  thoroughly  the  stables  and 
horses,  and  the  forage  and  feed  provided,  and  to  make  prompt 
report  in  writing  to  the  chief  of  any  deficiency  found  or  anything 
needing  correction,  or  improvement,  either  in  the  horses  or  the 
stables,  or  the  forage  or  feed  provided.  It  shall  be  the  duty  of 
the  veterinary  surgeon  to  make  a  prompt  written  report  to  the 
chief  immediately  upon  discovering  that  any  horse  in  use  in  the 
department  is  not  fit  for  further  service  therein,  and  upon  the 
approval  by  the  chief  of  any  such  report  the  horse  or  horses  named 
therein  may  be  sold  or  otherwise  disposed  of  by  the  proper  officer 
or  officers  of  the  city. 


289 


MILWAUKEE   CITY   CHARTER. 


Section  5.  The  veterinary  surgeon  of  the  fire  departniprt  may 
also  be  required  by  the  chief  to  inspect  and  make  written  report  as 
to  horses  owned  by  the  city  or  offered  for  purchase  by  the  city 
for  use  elswhere  than  in  the  fire  department,  and  also  to  render 
medical  or  other  service  in  relation  to  horses  owned  or  in  use  by 
the  city  elsewhere  than  in  the  fire  department,  and  it  ss  hereby 
made  the  duty  of  the  chief  of  the  fire  department,  to  communicate 
the  opinion  or  certificate  of  such  surgeon  as  to  any  such  horses 
inspected  by  him  to  the  officer  or  board  having  charge  of  or 
authorized  to  purchase  such  horses,  and  no  horse  shall  be  purchased 
for  the  city  without  the  certificate  of  such  surgeon  that  in  his  opinion 
the  horse  is  fit  for  the  service  intended.  No  compensation  beyond 
the  salary  fixed  by  this  act  shall  be  allowed  or  paid  to  such  surgeon 
for  any  services  which  he  shall  perform  under  this  act. 

Section  6.  This  act  is  to  be  taken  as  an  amendment  to  the 
charter  of  the  city  of  Milwaukee,  and  any  provisions  thereof,  which 
are  inconsistent  herewith,  are  declared  to  be  hereby  modified, 
amended,  superseded  or  repealed,  as  the  intention  herein  declared 
may  require. 


CHAP. 

20 

Shall  inspect 
horses  owned  by 
city. 


Amendment 


CHAPTEK    261,    LA^WS    OF    1882. 

AN  ACT  to  amend  chapter  332  of  the  laws  of  1878,  entitled  an  act 
to  protect  laborers  and  material  men  in  the  city  of  Milwaukee. 
Section  1.  Any  person,  corporation  or  party  that  shall  here- 
after furnish  supplies  or  materials  for  the  use  of  the  contractor  or 
contractors  or  of  his  or  their  assigns,  in  the  performance  of  any 
contract  made  with  the  board  of  public  works  of  the  city  of 
Milwaukee,  in  the  name  of  said  city,  or  that  shall  do  any  labor 
for  such  contractor  or  contractors  or  for  his  or  their  assigns  in  the 
performance  of  any  such  contracts,  shall  have  a  lien  for  the 
amount  due  and  unpaid  by  such  contractor  or  contractors  or  by 
his  or  their  assigns,  to  the  person,  corporation  or  party  furnish- 
ing such  supplies  or  materials  or  doing  such  labor  in  the  perform- 
ance of  such  contract,  upon  any  certificates  of  said  board 
and  upon  any  city  orders  of  said  city,  to  be  issued  and 
delivered  to  such  contractor  or  contractors,  or  to  his  or  their 
assigns  under  such  contract;  provided,  that  any  persons,  corpora- 
tion or  party  claiming  a  lien  shall,  within  twenty  days  after  the 
date  of  the  last  charge  for  such  supplies  or  materials  furnished  or 
labor  done,  file  in  the  office  of  the  city  clerk  of  said  city  and  in  the 
office  of  the  board  of  public  works  of  said  city  notices  in  writing 
of  such  claim  (one  notice  in  each  office),  which  notice  shall  set 
forth  the  nature  and  particulars  of  the  demand,  the  date  and 
amount  of  each  charge  therefor,  the  name  of  the  person  or  party 
indebted,  and  the  amount  that  is  justly  due  and  owing  to  the 
claimant  from  the  contractor  or  contractors  or  from  his  or  their 
assigns  for  supplies  or  materials  furnished  or  labor  done  in 
performance  of  a  contract  stating  the  general  nature  of  the 
contract  and  its  date,  each  of  which  notices  shall  be  verified  by  the 
affidavit  of  the  claimant;  and  provided,  further,  that  within  twenty 
days  after  the  filing  of  such  notice  the  claimant  shall  begin  an 
action  against  the  person  or  party  named  in  such  notice  for  the 


Protection  of 
laborers  and 
material  men. 


Persons  claiming 
lien  to  file  same 
in  twenty  days. 


CHAP. 

20 


MILWAUKEE   CITY   CHARTER. 


290 


In  relation  to  work 
done  by  contract. 


recovery  of  the  amount  of  such  clairu,  and  for  the  enforcement  of 
such  lien  in  some  court  in  Milwaukee  county  having  jurisdiction 
of  the  matter,  in  which  action  the  city  of  Milwaukee  shall  be 
made  a  party  defendant  and  shall  be  served  with  process  and  may 
appear  and  defend  as  in  other  actions,  but  said  city  shall  in  no 
case  be  liable  to  any  judgment  for  costs  and  charges  in  such  action. 
In  case  of  the  filing  of  the  notices  as  herein  directed,  claiming 
lien  on  any  certificates  or  city  orders  or  both,  it  shall  be  the  duty 
of  the  respective  officers  having  charge  and  custody  of  the  same 
to  retain  them  twenty  days,  and  in  case  an  action  is  begun  within 
that  time  as  herein  provided,  then  to  retain  the  same  until  the 
determination  of  such  action  in  court. 

Section  2.  No  contractor  under  any  such  contract  as  is  men- 
tioned in  the  preceding  section,  and  no  assignee  of  any  such 
contractor  shall  receive,  either  in  certificates  of  the  board  of 
public  works  or  in  city  orders,  any  amount  exceeding  seventy- 
five  per  centum  of  the  amount  named  and  provided  in  the  contract 
until  after  the  expiration  of  twenty  days  from  the  completion  of 
the  work  contracted  for,  or  other  termination  of  the  contract;  and 
if  any  person,  corporation  or  party  shall  file  notices  of  claim  of 
lien,  as  provided  in  the  preceding  section,  against  such  contractor 
or  contractors,  or  his  or  their  assigns,  all  certificates  and  all  city 
orders  not  then  delivered  shall  be  held  and  retained  by  the  respec- 
tive officers  in  whose  charge  or  custody  they  are,  until  twenty 
days  after  the  filing  of  such  notices,  and  if  within  such  last  period 
of  twenty  days  an  action  shall  be  brought  as  provided  in  the 
preceding  section,  such  certificates  and  such  city  orders  shall  be 
retained  until  the  determination  of  such  action  in  court. 


CHAPTEB   7,    LA^WS    OF    1878,    AS    AMENDED    BY 
CHAPTER  152,  LA\7S  OF  1879. 

AN  ACT  to  establish  and  maintain  a  public  library  in  the  city  of 
Milwaukee. 
Authority  of  city.  Section  1.     The  city  of  Milwaukee  is  hereby  authorized  to 

establish  and  maintain  a  public  library  therein,  for  the  free  use  of 
the  inhabitants  thereof,  and  to  receive,  hold  and  manage  any 
devise,  bequest  or  donation  for  the  establishment,  increase  and 
maintenance  of  such  library,  under  such  regulations  as  are  herein 
contained  or  as  may  hereafter  be  adopted,  as  provided  in  this  act. 

Library,  part  of  Section  2.     The  public  library,  established  under  this  act,  shall 

educational  be  considered  a  branch  of  the  educational  department  of  the  city 

department  of  Milwaukee,  and  shall  be  under  the  general  management,  control 

and  supervision  of  a  board,  consisting  of  nine  members,  who  shall 

be  styled  "The  Board  of  Trustees  of  the  public  library  of  the  city 

of  Milwaukee." 

Manaaement  and  Section  3.     The    president    of    the    school    board    and    the 

style  of  board  of   superintendent  of  public  schools  of  said  city,  shall  be  ex-officio 

trustees.  members  of  said  board  of  trustees.     William  Frankfurth,  Gustave 

C.  Trumpfif,  Matthew  Keenan  and  John  Johnston,  residents  and 

Trustees  tax-payers  of  the  city  of  Milwaukee,  and  three  members  of  the 

common   council   of  said  city,  to   be   appointed   as  hereinbefore 


291  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

provided,  together  with  said  president  of  the  school  board  and 
said  superintendent  of  public  schools,  shall  be  and  are  hereby 
constituted  the  first  board  of  trustees.     The  four  trustees  above   Terms  of  office  of 
designated  by  name  shall  serve  for  one,  two,  three  and  four  years     trustees. 
from  the  date  of  the  organization  of  said  board,  so  that  the  term 
of  one  of  them  shall  expire  each  year.     The  respective  terms  of 
these  four  trustees  shall  be  determined  by  lot  at  the  first  meeting 
of  said  board  after  the  passage  of  this  act,  and  their  places  shall 
be  filled  whenever  a  vacancy  shall  occur,  by  election  by  the  board, 
from  among  the  citizens  at  large;  and  annually,  upon  the  expira- 
tion of  the  term  of  any  such  designated  trustee,  the  board  shall 
at  their  annual  meeting,  elect  from  among  the  citizens  and  tax- 
payers of  said  city,  his  successor,  to  serve  for  the  term   of  four 
years.     The  first  three  members  from  the  common  council  shall    Mayor  to  appoint 
be  appointed  by  the  mayor  of  said  city  at  the  first  meeting  of  the 
common  council  held  for  organization  after  the  charter  election  in 
1878,  from  the   members  of  the   common   council,    to-wit:     One 
from  the  three  year  class  of  aldermen,  one   from  the   two   year 
class  of  aldermen,  and  one  from  the  one  year  class  of  aldermen, 
who  shall  serve   as  such  trustees   during    their   respective    term 
as  such  aldermen.     And  annually  on  the  third  Tuesday  in  April 
thereafter,  at  the  expiration  of  the  term  of  any  such  trustee,  the 
mayor  shall  appoint  his  successor  for  the  term  of  three  years  from 
the  aldermen  then  having  three  years  to  serve.    In  case  any  person 
so  appointed  trustee  shall  vacate  the  office  of  alderman  before  the   Vacancies. 
expiration  of  his  term,  he  shall  at  the  same  time  cease  to  be  a 
member  of  said  board  of  trustees,  and  the  mayor  shall   appoint 
some  other  alderman  of  his  class  in  his  place,  for  the  balance  of 
his  term.     None  of  said  trustees  shall  receive  any  compensation   Tpustees  not  to 
from  the  city  treasury   or  otherwise,    for  their  services  as  such     receive  compen- 
trustees.    And  no  member  of  said  board  of  trustees  shall  become,  or     sation  nor  become 
cause  himself  to  become  interested,  directly  or  indirectly,  in  any     interested  in  con- 
contract  or  job  for  the  purchase  of  books,  pamphlets  or  other  matter     t'*^cts,  etc. 
pertaining  to  the  library,  or  of  fuel,  furniture,  stationery,  or  things 
necessary  for  the  increase  and  maintenance  of  the  library. 

See  Section  1,  Chapter  521,  Laws  of  1887,  Page  196. 

Section  4.     The  first  annual  meeting  of  the  board  of  trustees    Annual  meeting. 
shall  be  held  on  the  sixth  day  of  May,  1878,  at  which  meeting  the 
board  shall  organize,   by  the  choice  of  one   of  their   number  as 
president,  to  serve  for  one  year,  and  until  his  successor  shall  be 
chosen.     And  it  shall  be  the  duty  of  the  city  clerk  of  said  city,  as    q^^  -|  gj^y  clerl(. 
soon  as  practicable,  after  the  appointment  of  the  three  trustees  to 
be  selected  from  the  common  council,  to  give  at  least  three  days' 
notice,  in  writing,  of  such  meeting  of  organization,  to  be  held  at 
the  office  of  said  city  clerk,  on  the  sixth  day  of  May,  1878,  to  every 
member  of  said  board.     And  all  subsequent  annual  meetings  of 
said  board  shall  be  held  on  the  second  Monday  of  May  in   each 
year,  at  which  a  president  shall  be  chosen  from  their  number,  to    president  to  be 
serve  for  one  year,  and  until  his  successor  shall  be  chosen.  chosen. 

Section  5.     The   board   of  trustees  shall  have  general  care,    Powers  of  trustees, 
control  and  supervision  of  the  public  library,  its  appurtenances, 
fixtures  and  furniture,  and  of  the  selection  and  purchase  of  books. 


CHAP. 

20 


MILWAUKEE   CITY    CHARTER. 


292 


Proviso. 


Meetings  of  board 
of  trustees. 


Librarian  to  be 
appointed. 


Vacancies,  how 
filled. 


pamphlets,  maps,  and  other  matter  appertaining  to  a  public  library; 
and  also  of  the  disbursement  of  all  moneys  appropriated  for  and 
belonging  to  the  library  fund,  in  the  manner  hereinafter  provided. 
And  said  board  shall  adopt,  and  at  their  discretion  modif}^  amend 
or  repeal  by-laws,  rules  and  regulations  for  the  management,  care 
and  use  of  the  public  library,  and  fix  and  enforce  penalties  for 
their  violation,  and  generally  shall  adopt  such  measures  as  shall 
promote  the  public  utility  of  the  library;  provided  that  such 
by-laws,  rules  and  regulations,  shall  not  conflict  with  the  provi- 
sions of  this  act. 

Section  6.  The  board  of  trustees  shall,  at  their  first  meeting, 
on  the  sixth  day  of  May,  1878,  or  thereafter  as  soon  as  practicable, 
and  every  five  years  thereafter,  at  an  annual  meeting,  elect  by 
ballot  a  person  of  suitable  learning,  ability  and  experience,  for 
librarian,  who  shall  also  act  and  be  ex-ofiicio  secretary  of  said  board 
of  trustees,  who  shall  hold  his  ofiice  for  five  years  from  the  time  of 
said  first  annual  meeting,  unless  previously  removed,  and  who 
shall  receive  such  compensation  as  may  be  hereafter  fixed  by  the 
said  board  of  trustees.  And  said  board  of  trustees  shall  also  appoint 
such  assistants  and  employes  for  said  library  as  they  may  deem 
necessary  and  expedient,  and  shall  fix  their  compensation.  All 
vacancies  in  office  of  librarian,  assistants  and  other  employes,  shall 
be  filled  by  said  board  of  trustees,  and  the  person  so  elected  or 
appointed,  shall  hold  for  the  unexpired  term. 

As  amended  by  Section  1,  Chapter  152,  lyaws  of  1879. 


Removals  author- 
ized. 


Duties  of  trustees. 


Section  7.  The  librarian  elected  under  this  act,  may  be 
removed  from  office  for  misdemeanor,  incompetency,  or  inattention 
to  the  duties  of  his  office,  by  a  vote  of  two-thirds  of  the  board  of 
trustees;  the  assistants  and  other  employes  may  be  removed  by 
the  board  for  incompetency,  or  for  any  other  cause. 

Section  8.  It  shall  be  the  duty  of  the  board  of  trustees,  within 
ten  days  after  the  appointment  of  the  librarian  and  other  salaried 
employes,  to  report  and  file  with  the  city  comptroller  a  duly 
certified  list  of  the  persons  so  appointed,  with  the  salary  allowed 
to  each,  and  the  time  or  times  fixed  for  the  payment  thereof,  and 
they  shall  also  furnish  such  comptroller  with  a  list  of  all  accounts 
and  bills  which  may  be  allowed  by  said  board  of  trustees,  stating 
the  character  of  the  materials  or  services  for  which  the  same  were 
rendered,  immediately  after  the  meeting  of  said  board  at  which 
said  allowance  shall  be  made.  And  said  board  of  trustees  shall 
also,  on  or  before  the  first  day  of  October  in  each  year,  make  to  the 
common  council  a  report,  made  up  to  and  including  the  thirtj^-first 
day  of  August  of  the  said  year,  containing  a  statement  of  the 
condition  of  the  library,  the  number  of  books  added  thereto,  the 
number  of  books  circulated,  and  the  number  of  books  not  returned, 
or  lost,  together  with  such  information,  or  suggestions,  as  they  may 
deem  important;  and  this  report  shall  also  contain  an  account  of 
the  moneys  credited  to  the  library  fund,  and  expended  on  account 
of  the  same  during  the  preceding  year. 

As  amended  by  Section  2,  Chapter  152,  Laws  of  1879. 


293  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

Section  9.  The  common  council  shall  levy  and  collect  annu-  Common  council  to 
ally,  upon  all  taxable  property  of  the  said  city,  at  the  same  time  levy  tax. 
and  in  the  same  manner  as  other  city  taxes  are  levied  and  collected 
by  law,  a  special  tax,  not  exceeding  one-fifth  of  a  mill  upon  each 
dollar  of  the  assessed  value  of  said  taxable  property,  the  amount  of 
which  shall  be  determined  by  said  board  of  trustees,  and  certified 
to  the  common  council,  and  to  the  city  comptroller,  at  the  time  of 
making  their  annual  report  to  said  council,  and  the  entire  amount 
of  said  special  tax  shall  be  paid  into,  and  held  in,  the  city  treasury, 
as  a  seperate  and  distinct  fund,  to  be  known  as  the  "Library 
Fund, ' '  and  shall  not  be  used  or  appropriated,  directly  or  indirectly, 
for  any  purpose  than  for  the  maintenance  and  increase  of  the 
public  library,  the  payment  of  the  salaries  of  the  librarian,  assist- 
ants and  other  employes  of  the  library,  the  purchase  of  books, 
supplies  and  fuel,  and  the  incidental  repairs  of  the  library  room 
and  furniture. 

As  amended  by  Section  3,  Chapter  152,  Laws  of  1879. 

Section  10.  The  board  of  trustees  shall  erect,  purchase,  hire  Erection  and  leas- 
er lease  buildings,  lots,  rooms  and  furniture  for  the  use  and  accom-  j^g  q\  buildings. 
modation  of  said  public  library,  and  shall  improve,  enlarge  and 
repair  such  library  buildings,  rooms  and  furniture;  but  no  lot  or 
building  shall  be  purchased,  or  erected  or  enlarged  for  the  purpose 
herein  mentioned,  without  an  ordinance  or  resolution  of  the 
common  council  of  said  city,  and  deeds  of  conveyance  and  leases 
shall  run  to  the  city  of  Milwaukee. 

As  amended  by  Section  5,  Chapter  152,  Laws  of  1879. 

Section  U.     All  moneys  received  by  or  raised  in  the  city  of  City  treasurer  to  be 
Milwaukee   for   library   purposes  shall  be  paid  over  to  the  city      custodian  of 
treasurer,  to  be  disbursed  by  hira  on  the  orders  of  the  president  and      library  funds. 
secretary  of  the  board  of  trustees,  countersigned  by  the  city  comp- 
troller.    Such  orders  shall  be  made  payable   to  the  order  of  the 
persons  in  whose  favor  they  shall  have  been  issued,  and  shall  be 
the  only  vouchers  of  the  city  treasurer  for  the  payments  from  the 
library  fund.     The   said   board  of  trustees  shall  provide  for  the 
purchase  of  books,  supplies,  fuel  and  other  matters  necessary  for 
the  maintenance  of  the  library.     Provided,  however,  that  it  shall    ppQvisO 
not  be  lawful  for  said  board  of  trustees  to  expend,  or  contract  a 
liability  for  any  sum  in  excess  of  the  amount  levied  in  any   one 
year  for  the  library  fund,  on  account  of  such  fund. 

Section  12.  In  case  the  Young  Men's  Association  of  the  city  city  to  accept  qifts. 
of  Milwaukee  shall  donate  and  transfer  to  the  city  of  Milwaukee, 
its  library,  fixtures,  furniture  and  other  property  for  the  purposes 
of  free  public  library,  it  shall  be  lawful  for  said  city  to  accept  such 
donation  and  transfer,  and  the  board  of  trustees  herein  created 
shall  assume  the  charge  and  control  of  said  property.  It  shall, 
also,  be  lawful  for  said  city  to  receive  money,  books  and  other 
property  by  devise,  bequest  or  gift  from  any  person  or  corporation 
for  library  purposes,  and  to  employ  or  invest  the  same  for  the  use 
and  benefit  of  the  public  library,  so  far  as  practicable,  in 
conformity  with  the  conditions  and  terms  of  such  devise,  bequest 
or  gift. 


CHAP. 

20 

Duty  of  mayor. 


MIIvWAUKEE   CITY   CHARTER. 


294 


Section  13.  In  case  said  Young  Men's  Association  shall  make 
the  transfer  and  donation  mentioned  in  the  preceding  section,  and 
said  city  shall  accept  the  same  before  the  date  of  the  annual 
meeting,  in  May,  1878,  as  provided  in  this  act,  then  immediately 
upon  such  transfer  and  acceptance,  it  shall  be  the  duty  of  the 
mayor  to  appoint  three  aldermen,  who,  together  with  the  trustees 
hereinbefore  designated  by  name,  and  the  president  of  the  school 
board  of  the  said  city,  and  the  superintendent  of  public  schools, 
shall  constitute  a  temporary  board  of  trustees,  who,  until  the  time 
of  such  annual  meeting,  shall  be  clothed  with  all  the  powers  and 
responsibilities  hereinbefore  provided,  and  shall  assume  the 
charge,  control  and  management  of  the  property  thus  donated 
and  accepted,  and  shall  hold  and  manage  the  same  as  provided  in 
this  act. 


SECTION    4,  CHAPTER    152,    LA'WS    OF    1879. 

Control  of  dona-  ^^^^  moneys,  books  and  other  property  received  by  the  city  of 

tions.  Milwaukee  by  devise,  bequest  or  gift,  from  any  person  or  corpora- 

tion, for  public  library  purposes,  shall,  unless  otherwise  directed 
by  the  donors,  be  under  the  management  and  control  of  said 
board  of  trustees;  and  all  moneys  derived  from  fines  and  penalties 
for  violations  of  the  rules  of  the  library,  or  from  any  other  source 
in  the  course  of  the  administration  of  the  library,  including  all 
moneys  which  may  be  paid  to  the  city  upon  any  policy  or  policies 
ol  insurance,  or  other  obligation  or  liability,  for  or  on  account  of 
loss  or  damage  to  any  property  pertaining  to  the  library,  shall 
belong  to  the  "  library  fund  "  in  the  city  treasury,  to  be  disbursed 
on  the  orders  of  the  said  board  of  trustees,  countersigned  by  the 
city  comptroller,  for  library  purposes,  in  addition  to  the  amount 
levied  and  raised  by  taxation  for  such  fund). 


C'rty  may  accept. 


Public  museum. 


CHAPTER   328,   LA^WS    OF    1882. 

AN  ACT  to  authorize  the  city  of  Milwaukee  to  establish  and  main- 
tain a  public  museum  in  said  city. 

Section  1.  The  city  of  Milwaukee  is  hereby  authorized  to 
receive  and  accept  from  "the  Natural  History  Society  of  Wiscon- 
sin,"—  a  corporation  located  in  the  said  city  of  Milwaukee — a 
donation  of  its  collection  of  objects  in  natural  history  and 
ethnology,  or  of  the  greater  part  thereof,  upon  such  conditions  as 
may  be  agreed  upon  by  and  between  said  city  and  said  society, 
subject,  however,  to  the  provisions  of  this  act. 

Section  2.  In  case  of  such  donation  and  acceptance,  said  city 
of  Milwaukee  is  hereby  authorized  and  empowered  to  establish 
and  maintain  in  said  city  a  free  public  museum,  exhibition  of 
objects  in  natural  history  and  ethnology,  and  for  that  purpose  to 
receive,  hold  and  manage  the  collection  so  donated,  and  any 
devise,  bequest  or  donation  that  may  be  made  to  said  city  for  the 
increase  and  maintenance  of  such  museum  under  such  regulations 
and  conditions  as  are  herein  contained,  or  may  be  agreed  upon  by 
and  between  the  donors  and  said  city,  or  as  may  be  hereafter 
adopted  as  provided  in  this  act. 


295  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

Section  3.  The  museum  established  and  maintained  under  Board  of  trustees 
this  act  shall  be  under  the  general  management,  control  and  duties,  terms,  etc. 
supervision  of  a  board  of  nine  trustees,  who  shall  be  styled  "  the 
board  of  trustees  of  the  public  museum  of  the  city  of  Milwaukee." 
Said  board  of  trustees  shall  consist  of  the  president  of  the  school 
board  and  the  superintendent  of  schools  of  said  city,  ex-officio,  of 
three  members  of  the  common  council  of  said  city,  designated  and 
appointed  by  the  mayor  thereof,  and  of  four  residents  and  tax- 
payers of  said  city,  to  be  appointed  by  the  mayor  as  herein 
provided.  The  first  appointments  of  trustees  by  the  mayor  under 
this  act  shall  be  made  within  ten  days  after  the  formal  acceptance 
by  the  common  council  of  said  city  of  a  donation  by  said  natural 
history  society  as  authorized  in  the  first  section  of  this  act.  Of 
the  first  three  trustees  appointed  from  the  members  of  the  common 
council  of  said  city,  one  shall  be  appointed  from  the  three  year 
class,  one  from  the  two  5^ear  class  and  one  from  the  one  year  class 
of  aldermen,  and  they  shall  serve  as  such  trustees  during  their 
respective  terms  as  such  aldermen.  And  anually  on  the  third 
Tuesday  of  April  thereafter,  at  the  expiration  of  the  term  of  any 
such  trustee,  the  mayor  shall  appoint  his  successor  for  three  years, 
from  the  aldermen  then  having  three  years  to  serve.  In  case  any 
such  trustee  shall  vacate  the  office  of  alderman  before  the  expira- 
tion of  his  term,  he  shall  at  the  same  time  cease  to  be  a  trustee 
under  this  act,  and  the  mayor  shall  appoint  some  other  member 
of  the  common  council  of  his  class  in  his  place  for  the  balance  of 
his  term.  In  the  appointment  of  the  four  remaining  trustees,  and 
their  successors,  the  mayor  shall  prefer  such  persons  as  may  be 
recommended  for  such  appointment  by  said  natural  history  society. 
Such  four  trustees  first  appointed  shall,  at  the  first  meeting  of  the 
board  after  their  appointment,  determine  by  lot  their  term  of 
service,  so  that  one  of  their  number  shall  serve  for  one  year,  one 
for  two  years,  one  for  three  years  and  one  for  four  years,  from  the 
third  Tuesday  of  May  next  after  the  organization  of  such  board. 
And  all  vacancies  shall  be  filled  by  like  appointment  of  the  mayor 
for  the  remainder  of  the  term,  and  annually  on  the  third  Tuesday 
of  April  a  trustee  shall  be  appointed  by  said  mayor  in  like  manner 
for  the  term  of  four  years,  in  place  of  the  trustee  whose  term  shall 
expire  the  following  May.  None  of  said  trustees  shall  receive 
any  compensation  from  the  city  treasury  or  otherwise,  for  their 
services  as  such  trustees.  And  no  member  of  said  board  of  trustees 
shall  become,  or  cause  himself  to  become  interested,  directly  or 
indirectly,  in  any  contract  or  job  for  the  purchase  of  any  matter 
pertaining  to  the  museum,  or  of  fuel,  furniture,  stationery  or 
things  necessary  for  the  increase  and  maintenance  of  the  museum. 
Said  trustees  shall  take  the  official  oath  and  be  subject  to  the 
restrictions,  disabilities,  liabilities,  punishments  and  limitations 
prescribed  by  the  law  as  to  aldermen  in  the  said  city  of 
Milwaukee. 

See  Section  2,  Chapter  521,  Laws  of  1887,  infra. 

Section  4.     The  first  meeting  of  said  board  of  trustees  for  the   Meetings  of  board. 
purpose  of  organizing  shall  be  held  on  the  third  Tuesday  of  the 
month  next  following  their  appointment  and  the  city  clerk  shall 
ive  at  least  one  week's  previous  notice  of  the  time  and  place  of 


CHAP. 

20 


MILWAUKEE  CITY   CHARTER. 


296 


Duties  of  board. 


Secretary  of  board 
—term. 


May  be  removed. 


Further  duties  of 
board  of  trustees. 


such  meeting  to  each  member  of  such  board,  in  writing.  At  such 
first  meeting  said  board  shall  organize  by  the  choice  of  one  of 
their  number  as  president  to  serve  until  the  third  Tuesday  of  May 
next  following  and  until  his  successor  shall  be  chosen.  The 
annual  meeting  of  said  board  shall  be  held  on  the  third  Tuesday  of 
May  in  each  year,  and  at  such  meeting  a  president  shall  be  chosen 
from  their  number  to  serve  for  one  year  and  until  his  successor 
shall  be  chosen. 

Section  5.  The  board  of  trustees  shall  have  general  care, 
control  and  supervision  of  the  public  museum,  its  appurtenances, 
fixtures  and  furniture,  and  of  the  selection,  arrangement  and 
disposition  of  the  specimens  and  objects  appertaining  to  said 
museum,  and  also  of  the  disbursements  of  all  the  moneys 
appropriated  for  and  belonging  to  the  museum  fund,  in  the 
manner  hereafter  provided.  And  the  said  board  shall  adopt,  and 
at  their  discretion  modify,  amend  or  repeal  by-laws,  rules  and 
regulations  for  the  management,  care  and  use  of  the  public 
museum,  and  fix  and  enforce  penalties  for  their  violation,  and 
generally  shall  adopt  such  measures  as  shall  promote  the  public 
utility  of  the  museum;  provided,  that  such  by-laws,  rules  and  regu- 
lations shall  not  conflict  with  the  provisions  of  this  act. 

Section  6  The  board  of  trustees  shall  at  their  first  meeting, 
or  thereafter  as  soon  as  practicable  and  every  five  years  thereafter, 
at  an  annual  meeting,  elect  by  ballot  a  person  of  suitable  scientific 
attainments,  ability  and  experience  for  custodian,  who  shall  so  act 
and  be  ex-officio  secretary  of  said  board  of  trustees.  The  custodian 
first  appointed  shall  hold  his  office  for  five  years  from  the  time  of 
the  first  annual  meeting,  unless  previously  removed,  and  thereafter 
the  term  of  appointment  shall  be  for  the  term  of  five  years,  and  the 
compensation  of  the  custodian  shall  be  fixed  by  said  board  of 
trustees.  Said  board  of  trustees  shall  also  appoint  such  assistants 
and  employes  for  said  museum  as  they  may  deem  necessary  and 
expedient,  and  shall  fix  their  compensation.  All  vacancies  in  the 
office  of  the  custodian,  assistants  and  other  employes  shall  be  filled 
by  said  board  of  trustees,  and  the  persons  so  elected  or  appointed 
shall  hold  for  the  unexpired  term. 

See  Chapter  433,  Laws  of  1887,  infra. 

Section  7.  The  custodian  elected  under  this  act  may  be 
removed  from  office  for  misdemeanor,  incompetency  or  inattention 
to  the  duties  of  his  office,  by  a  vote  of  two-thirds  of  the  board  of 
trustees;  the  assistants  and  other  employes  may  be  removed  by 
the  board  for  incompetency  or  for  any  other  cause. 

Section  8.  It  shall  be  the  duty  of  the  board  of  trustees,  within 
ten  days  after  the  appointment  of  the  custodian  and  other  salaried 
employes,  to  report  and  file  with  the  city  comptroller  a  duly  certi- 
fied list  of  the  persons  so  appointed,  with  the  salary  allowed 
to  each,  and  the  time  or  times  fixed  for  the  payment  thereof,  and 
they  shall  also  furnish  such  comptroller  with  a  list  of  all  accounts 
and  bills  which  may  be  allowed  by  said  board  of  trustees,  stating 
the  character  of  the  materials  or  services  for  which  the  same  are 
rendered  immediately  after  the  meeting  of  said  board  at   which 


297  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

such  allowance  shall  be  made.  And  said  board  of  trustees  shall 
also,  on  or  before  the  first  day  of  October  in  each  year,  make  to 
the  common  council  a  report,  made  up  to  and  including  the  31st 
day  of  August  of  the  said  year,  containing  a  statement  of  the 
condition  of  the  museum,  and  of  the  additions  thereto  during  the 
year,  together  with  such  information  and  suggestions  as  they  may 
deem  important,  and  such  report  shall  also  contain  an  account  of 
the  moneys  credited  to  the  museum  fund,  and  expended  on  account 
of  the  same  during  the  year. 

Section  9.     From  and  after  the  organization  of  the  board  of  j^j^  jq  jjg  levied 

trustees  under  this  act,  the  common  council  of  said  city  shall  levy 
and  collect  annually  upon  all  the  taxable  property  of  the  said  city, 
at  the  same  time  and  in  the  same  manner  as  other  city  taxes  are 
levied  and  collected  by  law,  a  special  tax  not  exceeding  one-tenth 
of  a  mill  upon  each  dollar  of  the  assessed  value  of  said  taxable 
property,  the  amount  of  which  shall  be  determined  by  said  board 
of  trustees,  and  certified  to  the  common  council  at  the  time  of 
making  their  annual  report  to  said  council,  and  the  entire  amount 
of  said  special  tax  shall  be  paid  into,  and  held  in,  the  city  treasury, 
as  a  separate  and  distinct  fund,  to  be  known  as  the  museum  fund, 
and  shall  not  be  used  or  appropriated  directly  or  indirectly  in  any 
other  purpose  than  for  the  maintenance  and  for  the  increase  of  the 
public  museum,  the  payment  of  the  silaries  of  the  custodian, 
assistants  and  other  employes  of  the  museum,  the  purchase  of 
furniture,  fixtures,  supplies  and  fuel,  and  the  incidental  expenses 
of  the  museum. 

Section  10.     The  board  of  trustees  shall  erect,  purchase,   hire    «         .    , 
1  u    ij-  14-  J   r       -^  r      ^t  J    Grounds  for 

or  lease  buildings,   lots,    rooms   and   furniture,    for  the   use   and      museum 

accommodation  of  said  public  museum,  and  shall  improve,  enlarge 

and  repair  such  buildings,   rooms   and  furniture;  but   no   lot   or 

building  shall  be  purchased,  erected  or  enlarged  for  the  purpose 

herein   mentioned,    without  an   ordinance  or   resolution   of  the 

common  council  of  said  city,  and  deeds  of  conveyance  and  leases 

shall  run  to  the  city  of  Milwaukee. 

Section  11,     All  moneys  received  by  or  raised  in  the  city  of  ivionevs  to  be  paid 
Milwaukee  for  museum  purposes  shall  be  paid  over  to  the  city      over  to  city 
treasurer  to  be  disbursed  by  him  on  the  orders  of  the  president  and      treasurer. 
secretary  of  the  said  board  of  trustees,  countersigned  by  the  city 
comptroller.     Such  orders  shall  be  made  payable  to  the  order  of 
the  persons  in  whose  favor  they  shall  have  been  issued,   and  shall 
be  the  only  voucher  of  the  city  treasurer  for  the  payments  from 
the  museum  fund.     The  said  board  of  trustees  shall   provide   for 
the    purchase   of  specimens,    supplies,    fuel   and    other    matters 
necessary  or  useful  for  the  maintenance  of  the  museum;  provided, 
however,   that   it   shall    not  be  lawful  for  said  board  of  trustees 
to  expend  or  contract  a  liability  for  any  sum  in    excess    of  the 
amount  levied  in  any  one  year,  for  the  museum  fund,  on  account 
of  such  fund. 

Section  12,     All  moneys,  books,  specimens  and  other  property    Qj^g  ^^   ^^  under 
received  by  the  city  of  Milwaukee  by  devise,  bequest  or  gift,  from      control  of  board. 
any  person  or  corporation,   for  public  museum  purposes,    shall, 
unless  otherwise  directed  by  the  donors,  be  under  the  management 


CHAP. 

20 


MILWAUKEE   CITY    CHARTER. 


298 


and  control  of  said  board  of  trustees;  and  all  moneys  derived  from 
fines  and  penalties  for  violation  of  the  rules  of  the  museum,  or 
from  any  other  source  in  the  course  of  the  administration  of  the 
museum,  including  all  moneys  which  may  be  paid  to  the  city 
upon  any  policy  or  policies  of  insurance,  or  other  obligation  or 
liability,  for  or  on  account  of  loss  or  damage  to  any  property 
pertaining  to  the  museum,  shall  belong  to  the  museum  fund  in 
the  city  treasury,  to  be  disbursed  on  the  orders  of  the  said 
board  of  trustees,  countersigned  by  the  city  comptroller,  for 
museum  purposes  in  addition  to  the  amount  levied  and  raised  by 
taxation  for  such  fund. 

Section  13.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication. 


Building  to  be 
erected  under 
direction  of 
trustees. 


CHAPTER    41,  LAWS    OF    1895. 

AN  ACT  relating  to  the  building  of  public  libraries  and  museums. 

Section  1.  In  all  cities  in  this  state,  wherein  their  exists 
boards  known  as  *'a  board  of  public  works,"  "  a  board  of  trustees 
of  the  public  library,"  and  "  a  board  of  trustees  of  the 
public  museum,"  and  wherein  authority  shall  have  heretofore 
been  granted  to  erect  and  construct  a  building  or  buildings  for  a 
public  library  and  public  museum,  the  work  of  such  erection  and 
construction  shall  be  done  by  the  board  of  public  works,  under  the 
direction  and  supervision  of  the  board  of  trustees  of  the  public 
library  and  the  board  of  trustees  of  the  public  museum,  acting 
together  as  a  joint  board.  The  board  of  public  works  being  hereby 
authorized  to  enter  into  a  contract  or  contracts  for  doing  all  work 
of  erecting  and  constructing  such  building;  but  no  contract  shall 
be  let  authorizing  the  expenditure  of  a  greater  sum  of  money  than 
heretofore  appropriated  or  authorized  by  law,  or  shall  be  hereafter 
appropriated  or  authorized  by  the  common  council  of  such  city. 


Appointments  of 
trustees  of  public 
library,  Milwau- 
kee. 


Mayor  to  appoint 


CHAPTER  521,  LAWS  OF  1887. 

AN  ACT  to  amend  Chapter  328,  of  the  Laws  of  1882,  authorizing 
the  city  of  Milwaukee  to  establish  and  maintain  a  public  museum, 
and  Chapter  7,  of  the  Laws  of  1878,  to  establish  a  public  library 
in  the  city  of  Milwaukee. 

Section  1.  Hereafter  all  appointments  of  members  from  the 
common  council  of  the  board  of  trustees  of  the  public  library  of 
the  city  of  Milwaukee,  made  by  the  mayor  on  the  third  Tuesday  in 
April,  shall  be  made  from  aldermen  having  two  years  to  serve, 
and  in  case  any  person  so  appointed  shall  vacate  his  office  of 
alderman  before  the  expiration  of  his  term,  he  shall  thereupon 
cease  to  be  a  member  of  said  board  of  trustees,  and  the  mayor 
shall  appoint  some  other  alderman  of  his  class  in  his  place,  to  be 
such  trustee  for  the  remainder  of  his  term.  Each  alderman 
appointed  shall  serve  as  such  trustee  during  his  term  as  alderman. 
It  shall  be  the  duty  of  the  mayor,  on  the  third  Tuesday  in  April  in 
each  year,  to  appoint  a   sufficient   number  of  aldermen   having 


299 


MILWAUKEE   CITY   CHARTER. 


CHAP. 

20 


two  years  to  serve  as  aldermen,  to  be  members  of  such  board  of 
trustees,  to  keep  the  number  of  members  of  such  board  from  the 
common  council  always  three.  All  provisions  of  chapter  7, 
of  the  laws  of  1878,  which  in  any  way  conflict  with  the  foregoing 
provisions  of  this  section  are  hereby  amended  accordingly. 

Section  2.  Hereafter  all  appointments  of  members  from  the 
common  council  of  the  board  of  trustees  of  the  public  museum  of 
the  city  of  Milwaukee,  made  by  the  mayor  of  said  city  on  the 
third  Tuesday  in  April,  shall  be  made  from  aldermen  having  two 
years  to  serve,  and  in  case  any  person  so  appointed  shall  vacate  his 
office  of  alderman  before  the  expiration  of  his  term,  he  shall  there- 
upon cease  to  be  a  member  of  said  board  of  trustees,  and  the  mayor 
shall  appoint  some  other  alderman  of  his  class  in  his  place  to  be 
such  trustee  for  the  remainder  of  his  term.  Each  alderman 
appointed  shall  serve  as  such  trustee  during  his  term  as  alderman. 
It  shall  be  the  duty  of  the  mayor  on  the  third  Tuesday  in  April  in 
each  year  to  appoint  a  sufficient  number  of  aldermen  having  two 
years  to  serve  to  be  members  of  such  board  oftrusteesof  the  public 
museum  to  keep  the  number  of  members  of  such  board  from  the 
common  council,  always  three.  All  provisions  of  chapter  328,  of 
the  laws  of  1882,  which  in  any  way  conflict  with  the  provisions  of 
this  section,  are  hereby  amended  accordingly. 


Trustees  of  public 
museum,  when 
appointed. 


OHAPTE3R    433,    I.A"W"S    OF     1887. 

AN  ACT  to  amend  chapter  328,  of  the  laws  of  1882,  entitled,  an 
act  to  authorize  the  city  of  Milwaukee  to  establish  and  main- 
tain a  public  museum  in  said  city. 

Section  1.  The  board  of  trustees  of  the  Milwaukee  public 
museum  are  hereby  authorized  to  appoint  an  acting  custodian 
whenever  the  proper  service  of  the  museum  shall  require  it,  and 
for  such  time  and  on  such  terms  as  they  may  deem  proper.  Such 
acting  custodian  shall  be  ex-officio  the  acting  secretary  of  said 
board  of  trustees,  and  his  acts  as  such  shall  receive  full  credit. 
Said  board  of  trustees  are  also  authorized  to  appoint  from  time  to 
time  honorary  curators,  who  shall  perform  such  duties  and  have 
such  special  privileges  as  may  be  provided  in  the  by-laws  of  the 
museum,  but  shall  receive  no  pecuniary  compensation.  Such 
appointments  shall  be  made  of  persons  who  have  manifested  a 
special  interest  in  the  museum  or  some  particular  department 
thereof. 

Section  2.  This  act  shall  be  in  force  from  and  after  its  passage 
and  publication. 


Trustees  of  Mil- 
waukee public 
museum  author- 
ized to  appoint 
custodian  and 
curators. 


CHAPTER    329,    LA'WS    OF     1882. 

AN  ACT  relating  to  the  Natural  History  Society  of  the  city  of 
Milwaukee. 

Section  1.  The  board  of  directors  of  the  Natural  History 
Society  of  the  city  of  Milwaukee  is  hereby  authorized  and 
empowtred,  in  the  name  of  said  association  or  society,  to  assign, 
transfer  and  convey  to  the  city  of  Milwaukee,  all  and  singular, 


Relating  to  Natural 
History  Society. 


CHAP.  MILWAUKEE   CITY   CHARTER.  300 

20 

the  natural  historical  collections  of  every  kind  constituting  the 
museum  belonging  to  said  Natural  History  Society,  in  trust  to  be 
kept,  supported  and  maintained  by  said  city,  as  a  free  museum  for 
the  benefit  and  use  of  all  citizens  of  said  city;  provided,  the  said 
city  shall  accept  the  trust  and  assume  the  care  and  maintenance  of 
such  museum. 

CHAPTEK    237,    LAWS   OF    1885. 
AN  ACT  to  amend  chapter  319,  of  the  laws  of  1881,  entitled  "an 
act  to  provide  for  the  recording  of  lands  taken  for  streets  and 
other  purposes  by  city  or  village  corporations." 
Records  of  streets,        Section  1.     In  every  application  made  to  any  court  of  record, 
etc.  county  board  of  supervisors,  common  council  of  any  city,  or  the 

authorities  of  any  village,  for  the  laying  out,  widening  of  any 
street,  alleys,  water  channels,  parks  or  other  public  places,  or  for 
the  vacation  of  any  streets,  alleys,  water  channels,  parks  or  other 
public  places,  the  applicant  or  applicants  shall  at  the  time  of  the 
filing  of  such  application  with  the  proper  officer,  or  prior  thereto, 
file  in  the  office  of  the  register  of  deeds  of  each  county  where  the 
lands  or  any  part  thereof,  are  situated,  a  notice  of  the  pendency 
of  such  application,  containing  the  name  of  the  applicant  or 
applicants,  the  object  of  such  application,  and  map  and  descrip- 
tion of  the  lands  to  be  taken  or  vacated.  In  case  of  a  failure  to 
comply  with  the  foregoing  provisions,  all  proceedings  based  upon 
such  application  shall  be  void.  A  certified  copy  of  every  final 
order,  judgment  or  decree  ot  a  court  of  record,  every  final  resolu- 
tion or  order  of  a  county  board  of  supervisors,  common  council  of 
any  city,  or  the  authorities  of  any  village  giving  a  full  and 
accurate  description  of  all  the  lands  so  taken  or  vacated, 
accompanied  wnth  a  map  showing  the  location  of  such  lands  based 
upon  such  application,  shall  be  recorded  in  the  office  of  the 
register  of  deeds  of  the  county  in  which  such  lands  are  situated, 
and  such  final  order,  judgment,  decree  or  resolution,  shall  have  no 
force  or  eff"ect,  nor  shall  it  be  notice  to  any  subsequent  purchaser 
or  incumbrancer  until  it  is  so  recorded. 

Section  2.  Where  no  application  is  made  as  mentioned  in  the 
preceding  section,  and  a  resolution  or  order  shall  be  adopted 
without  application,  by  a  county  board  of  supervisors,  common 
council  of  any  city,  or  the  authorities  of  any  village,  whereby  any 
lands  shall  be  taken  or  vacated  for  the  purposes  specified  in  section 
1 ,  of  this  act,  a  certified  copy  of  such  resolution  or  order  shall  be 
recorded  in  the  office  of  the  register  of  deeds  of  the  county  in 
which  such  lands  are  situated,  and  such  resolution  or  order  shall 
have  no  force  or  effect,  nor  shall  it  be  notice  to  any  subsequent 
purchaser  or  incumbrancer  until  it  is  so  recorded. 

Section  ?.     Section  2,  of  said  chapter  319,  is  hereby  repealed. 

CHAPTEK    206,   LAWS    OF    1887. 

AN    ACT  to  legalize   certain   proceedings  of   the    officers    and 

common  council  of  the  city  of  Milwaukee. 

""pJoceSg^oMhe        Section  1.     All   the    proceedings  instituted   in   the   common 

common  council     council  of  the  city  of  Milwaukee  since  the  eleventh  day  of  April, 

of  Milwaukee.  1885,  for  the  opening  or  vacation  of  public  streets,  alleys,  squares 


301 


MILWAUKEE    CITY    CHARTER. 


and  other  public  places,  so  far  as  such  proceedin;;s  are  affected  by 
a  failure  to  comply  with  the  provisions  of  chapter  237,  of  the  laws 
of  1885,  are  hereby  declared  to  have  full  force  and  effect  in  law 
the  same  as  if  such  act  had  never  been  passed;  and  all  of  said 
proceedings  so  far  as  they  are  affected  by  a  failure  to  comply  with 
the  provisions  of  said  chapter  237,  are  hereby  legalized;  and  no 
court  of  record  within  this  state  shall  hereafter  declare  any  of  said 
proceedings  void  in  consequence  of  a  non-compliance  with  amy  of 
the  conditions  and  provisions  of  said  chapter  237. 


CHAP. 

20 


CHAPTER    462. 

AN  ACT  to  provide  for  the  laying  out  and  establishing  a  state 
road  from  the  city  of  Milwaukee  to  Port  Washington,  in  the 
counties  of  Milwaukee  and  Ozaukee. 

Section  1.  John  W.  Bussey,  H.  G.  H.  Reed  and  Dr.  F.  W. 
Williams,  of  the  county  of  Milwaukee,  are  hereby  appointed 
commissioners  to  lay  out  and  establish  a  state  road  from  the  city 
of  Milwaukee,  in  the  county  of  Milwaukee,  to  the  village  of  Port 
Washington,  in  the  county  of  Ozaukee,  to-wit:  A  road  not  less 
than  four  rods  nor  more  than  one  hundred  feet  wide,  beginning  on 
the  north  line  of  the  city  of  Milwaukee  at  the  northern  terminus 
of  Humboldt  avenue,  on  the  north  and  south  half  section  or 
quarter  line  of  sections  nine  and  sixteen,  in  town  seven,  range 
twenty-two,  and  running  thence  north  on  said  quarter  line  through 
sections  four  and  nine  in  town  seven,  and  through  sections  thirty- 
three  in  town  eight,  range  twenty-two,  on  the  north  and  south 
quarter  line  through  said  section  thirty-three  to  a  point  eighty 
rods  north  of  the  east  and  west  quarter  line  through  said  section 
thirty-three  (passing  Milwaukee  river  at  or  above  the  locality  of 
the  late  Humboldt  bridge),  and  thence  to  the  village  of  Port 
Washington.  In  so  laying  out  and  establishing  said  road,  said 
commissioners  may  connect  with  and  adopt  as  part  of  said  road, 
any  such  part  of  any  existing  public  road  or  highway  as  they  may 
deem  desirable;  provided,  that  no  expense  shall  be  incurred  by 
reason  of  this  act  by  the  county  of  Ozaukee,  until  a  majority  of 
the  county  board  have  consented  to  the  same  at  some  regular  or 
special  meeting  of  said  board. 

Section  2.  Otherwise  than  provided  in  this  act  said  road  shall 
be  laid  out,  established,  opened  and  maintained  as  provided  by  the 
general  laws  of  this  state  in  case  of  state  roads;  provided  that  said 
commissioners  shall  receive  no  compensation  for  services  rendered 
in  pursuance  of  this  act. 

Section  3.  If  it  shall  be  necessary,  or  in  the  opinion  of  a 
majority  of  said  commissioners,  advisable  to  build  as  part  of  said 
state  road,  any  bridge  or  bridges  over  any  stream  which  the  route 
of  said  road  shall  cross,  whether  upon  a  former  highway  or  other- 
wise, said  commissioners  shall  cause  to  be  made  full  working 
plans  of  any  such  bridge,  including  the  necessary  abutments  or 
other  supports,  and  shall  place  the  same  open  to  inspection  at  a 
time  and  place  mentioned  in  the  notice  hereinafter  provided  to  be 
given. 


Appointing  com- 
missioners to  lay 
out  and  establish 
state  road. 


Commissioners  to 
receive  no  com- 
pensation. 


Commissioners 
may  build  bridges 
over  streams. 


CHAP. 

20 

Commissioners 
shall  publish 
notice  calling  for 
sealed  proposals. 


MILWAUKEE   CITY    CHARTER. 


302 


Contract  to  be 
awarded  to  low- 
est bidder. 


Cost  of  bridge  shall 
not  exceed 
$10,000. 


Bond  required  from 
each  bidder. 


Monthly  estimates 
may  be  made  by 
commissioners. 


Contractor  entitled 
to  amount  due 
him. 


Section  4.  Said  commissioners  shall  publish  for  two  weeks, 
once  in  each  week,  a  notice  in  one  newspaper  or  more  of  general 
circulation  and  printed  in  the  county  where  said  bridge  is  to  be 
built,  calling  for  sealed  proposals  to  be  made  to  them  for  furnish- 
ing the  materials  and  doing  the  work  of  building  such  bridge 
according  to  such  plans,  which  notice  shall  also  state  the  place 
where,  and  the  time  when  such  plans  will  be  so  open  for 
inspection,  which  time  shall  not  be  less  than  four  hours  in  each 
day  of  five  consecutive  days,  and  shall  also  state  the  time  and 
place  when  and  where  such  proposals  will  be  received  and  the 
time  and  place  when  and  where  said  proposals  will  be  opened 
and  considered  and  a  contract  for  the  building  of  such  bridge  will 
be  let. 

Section  5.  At  the  time  named  in  said  notice  for  the  opening 
of  such  proposals,  said  commissioners  or  a  majority  of  them,  shall 
proceed  to  examine  and  consider  the  same,  and  to  award  a 
contract  to  the  lowest  bidder  for  furnishing  the  materials  for 
and  building  such  bridge,  or  may  reject  all  proposals  made  and 
proceed  to  call  for  new  proposals  in  the  same  manner  as  herein- 
before provided  for  a  call  for  first  proposals,  if  they  deem  it 
advisable. 

Section  6.  When  such  proposals  shall  be  accepted  by  said 
commissioners  or  a  majority  of  them,  they  shall  proceed  to  make 
a  contract  with  such  lowest  bidder  for  furnishing  such  materials 
and  completing  the  building  of  such  bridge;  provided,  the  cost  of 
building  said  bridge  shall  not  exceed  ten  thousand  dollars. 

Section  7.  Said  commissioners  shall  require  a  bond  with  two 
sufficient  sureties  from  each  bidder  to  accompany  his  proposal, 
conditioned  in  a  penal  sum  of  not  less  than  double  the  sum  it  is 
proposed  to  furnish  said  materials  and  build  said  bridge  for.  If  on 
opening  said  proposal,  the  sureties  shall  not  be  satisfactory,  the 
commissioners  may  reject  the  proposal  or  require  satisfactory 
sureties  before  considering  such  proposal. 

Section  8.  As  the  work  of  such  bridge  progresses,  monthly 
estimates  of  the  amount  and  value  of  materials  furnished  and 
work  done  may  be  made  by  said  commissioners,  or  a  majority  of 
them,  and  after  deducting  and  reserving  fifteen  per  cent,  thereof 
until  the  completion  of  the  contract,  they  may  deliver  a  certificate 
of  the  amount  due  thereon  after  such  deduction  to  such  contractor; 
and  they  shall  at  the  same  time  execute  and  deliver  a  duplicate  of 
such  certificate  to  the  county  clerk  to  be  filed  in  his  office,  and 
when  such  bridge  is  completed  satisfactorily  to  said  commissioners 
under  said  contract,  they  shall  issue  and  deliver  to  such  contractor 
a  certificate  of  the  entire  amount  remaining  due  him  in  full  of  his 
contract,  and  they  shall  at  the  same  time  file  a  duplicate  of  said 
final  certificate  with  the  county  clerk. 

Section  9.  Upon  receiving  such  certificates,  or  any  of  them, 
such  contractor  shall  be  entitled  to  and  shall  be  paid  the  amount 
thereby  certified  to  be  due  him,  out  of  the  treasury  of  the  county 
in  which  such  bridge  shall  be,  from  any  funds  not  otherwise 
appropriated;  and  it  is  hereby  declared   to   be  the  duty  of  the 


303  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

county  board  of  such  county  to  cause  such  payment  to  be  made 
forthwith,  and  if  there  shall  be  no  funds  available  for  such  purpose, 
then  it  is  hereby  made  the  duty  of  the  county  board  of  such 
county  to  levy  a  tax  upon  all  the  taxable  property  of  said  county, 
sufficient  to  raise  the  amount  due  on  said  certificates,  and  cause  the 
same  to  be  collected  with  the  tax  of  that  year. 

Section  10.     Said  commissioners    shall    not  be  individually  Commissioners  not 
responsible  on  account  of  anything  by  them  done,  or  any  contract     individually  re- 
entered into  by  them  as  such  commissioners  in  attempting  to  carry     sponsible, 
out  the  provisions  of  this  act. 

Section  11.     Said  commissioners  are  hereby  given  the  term  of  t- .       _    . 

£  r  ^v.       J    A.         c  ^u  r  ^i.-  Z.     r         .^^        ^        ■  *^^^     0*    COmmiS- 

five  years  from  the  date  of  the  passage  of  this  act,  for  the  laying     missioners  five 
out  and  establishing  this  road  and  building  such  bridges.  years. 

Section  12.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication. 


CHAPTER    476.    LA^WS     OF     1887. 

AN  ACT  to  provide  for  the  laying  of  a  highway  and  the  building 

of  a  viaduct  across  the  Menomonee  river. 

Section  1.     The  common  council  of  the  city  of  Milwaukee  is    city  of  Milwaukee 
hereby  authorized  to  cause  to  be  built  with  all  reasonable  dispatch     authorized  to 
a  suitable  viaduct  from  a  convenient  point  at  or  near  the  inter-     build  viaduct. 
section  of  Eleventh  avenue  with  Pierce  street,  and  extending  as 
nearly  as  practicable  on  a  level  across  the  Menomonee  valley  in  a 
northerly  direction   towards  the  intersection   of  Sixteenth   and 
Fowler  streets,  in  the  Fourth  ward  of  the  city  of  Milwaukee,  or 
such  other  northern  terminal  point  as  may  be  found  available  for 
this  purpose. 

Section  2.  Said  viaduct  shall  be  constructed  in  a  substantial  How  constructed, 
manner  of  iron  (except  the  floor  and  floor  beams).  It  shall  rest 
upon  iron  columns  of  suitable  size  and  dimensions  set  upon  stone 
foundations,  and  shall  be  of  a  uniform  width  of  no  less  than  sixty 
feet,  and  at  least  nineteen  feet  above  and  clear  of  railway  tracks. 
Wherever  necessary,  draw-bridges  shall  be  provided,  as  well  as 
suitable  approaches,  at  both  termini  of  said  viaduct  and  such 
intermediate  points  as  may  be  necessary  for  safe  and  convenient 
access  thereto.  All  abutments  that  may  be  needed  shall  be  con- 
structed of  masonry  in  solid  manner. 

Section  3.  All  provisions  of  the  charter  of  the  city  of  provisions  of 
Milwaukee,  and  the  several  acts  amendatory  thereof,  in  relation  charter,  to  apply, 
to  public  work  or  improvements  in  said  city,  and  the  condemna- 
tion of  lands  for  highways  and  public  purposes,  and  the  assess- 
ment of  damages  and  benefits  arising  therefrom,  which  are  not 
inconsistent  with  the  provisions  of  this  act,  shall  apply  to  the 
work  hereby  authorized,  and  all  official  acts  incidental  thereto. 

Section  4.     The  said   common   council,    within  two  months    «    M  &  St  P   R' 
from  the  passage  and  publication   of  this  act,  shall   cause   to  be     qq.  Jo  build 
made  a  plan  and  detailed  specifications  for  doing  said  work,  and     portion  of  viaduct, 
an  estimate  of  the  cost  of  such  improvement,  and  as  soon  there- 
after as  practicable,  the  city  shall  enter  upon  the  construction  of 


CHAP. 

20 


MII.WAUKEK   CITY   CHARTER. 


304 


Duty  of  railway 
company  either  to 
accept  or  reject 
provisions  of  this 
act. 


Viaduct  to  remain 
under  absolute 
control  of  city. 


the  north  half  of  the  said  viaduct,  bridges  and  approaches  in  confor- 
mity thereto.  The  common  council  shall  also  furnish  a  duplicate 
of  said  plan  and  specifications  to  the  Chicago,  Milwaukee  and  St. 
Paul  Railway  Company,  whose  duty  it  shall  be  and  who  are  hereby 
directed  and  required  simultaneously  with  the  building  of  the 
north  half  on  part  of  the  city  of  Milwaukee,  to  build  the  south 
half  of  said  viaduct  and  the  approaches  thereto  in  accordance 
with  such  plan  and  specifications,  so  that  the  whole  of  said  work 
and  all  necessary  abutments,  bridges  and  approaches,  be  completed 
with  reasonable  dispatch. 

Section  5.  It  shall  be  the  duty  of  the  Chicago,  Milw^aukee  & 
St.  Paul  Railway  company,  within  sixty  days  from  and  after  the 
passage  and  publication  of  this  act,  to  file  with  the  city  clerk  of  the 
city  of  Milwaukee  its  written  declaration  whether  it  will  or  will 
not  accept  of  the  provisions  of  this  act,  and  comply  with  the  terms 
thereof;  and  if  unwilling  to  participate  in  said  public  improvement 
upon  the  terms  herein  prescribed,  it  shall  communicate  the  partic- 
ular reasons  and  points  of  objection;  and  thereupon  the  common 
council  of  said  city  may,  in  its  discretion,  appoint  a  committee  of 
conference,  and  may  consent  to  a  change  and  modification  of  the 
particular  terms  and  details  of  construction  or  division  of  said 
work,  as  may  seem  to  be  just  and  equitable;  and  may  also  by 
resolution  or  ordinance  extend  the  time,  in  any  particular  that 
may  be  found  to  be  essential,  for  entering  upon  such  improve- 
ment, or  completing  the  same,  as  the  circumstances  of  the  case 
may  require,  anything  to  the  contrary  herein  contained  notwith- 
standing. 

Section  6.  The  said  viaduct  and  approaches  thereto  shall 
forever  remain  under  the  absolute  control  and  management  of  the 
city  of  Milwaukee,  and  no  exclusive  rights  or  franchises,  for 
purposes  of  horse-railway  communication,  the  lighting  of  streets, 
highways  or  the  like,  or  any  other  exclusive  franchises,  privileges 
or  immunities  shall  ever  be  granted  over  the  same  on  part  of  said 
city  to  any  person  or  corporation  whatsoever. 

Section  7.  The  mayor  and  common  council  of  the  city  of 
Milwaukee  are  hereby  authorized  to  issue  the  corporate  bonds 
of  said  city  to  an  amount  not  exceeding  two  hundred  and  fifty 
thousand  dollars,  to  be  applied  to  the  building  of  the  north  half  of 
said  public  improvement,  in  such  denominations,  and  payable  at 
such  time  or  times,  with  interest,  as  the  common  council  by  ordin- 
ance may  see  fit  and  determine.  Said  council  may  also  levy  such 
tax  or  taxes  as  may  be  found  necessary  to  cover  the  balance  of  the 
expenses  or  cost  of  such  construction,  if  any  such  there  should  be. 
The  provisions  of  chapter  46-5,.  general  laws  of  1885,  as  to  form  of 
bonds,  the  issue  and  sale  thereof,  the  levy  of  taxes,  creating  a 
sinking  fund,  and  other  details  not  inconsistent  herewith,  are 
made  applicable  to  the  bonds  intended  to  be  issued  for  viaduct 
purposes  under  this  act. 

Section  8.  Said  viaduct  and  appurtenances  shall  be  thereafter 
maintained  by  the  city  of  Milwaukee  and  the  Chicago,  Milwaukee 
and  St.  Paul  Railway  Company,  in  the  same  proportions  herein- 
before fixed  for  the  original  construction  thereof,  but  no  further  or 


305 


MILWAUKEE   CITY   CHARTER. 


additional  claims  shall  be  hereafter  made  upon  said  railway  com- 
pany in  that  behalf,  although  its  tracks  may  be  multiplied  and 
extended,  or  additional  territory  in  the  future  secured  by  them  or 
occupied  for  railway  purposes;  it  being  the  intention  of  the  legis- 
lature to  liquidate  hereby  finally  the  rate  and  proportion  in  which 
the  city  and  railway  company  shall  participate  in  the  expense  of  this 
common  improvement,  due  regard  being  had  not  only  to  the 
present  condition  of  things  but  to  the  future. 


CHAP. 

20 


CHAPTER    91,    LAAVS    OF    1885. 

AN  ACT  to  authorize  the  Milwaukee  and  Rock  River  Canal 
Company  to  grant  and  convey  its  property  and  franchises  to  the 
city  of  Milwaukee. 

Section  1,  The  Milwaukee  and  Rock  River  Canal  Company, 
incorporated  by  and  under  an  act  of  the  legislature  of  the  territory 
of  Wisconsin,  approved  January  5th,  1838,  is  hereby  authorized 
and  empowered  to  grant,  convey  and  make  over  to  the  city  of 
Milwaukee,  upon  such  terms  as  shall  be  agreed  upon  between  said 
company  and  said  city,  the  lands,  waters,  locks,  dams,  dykes,  canal 
and  other  works,  devices  and  property,  in  the  county  of  Milwaukee, 
belonging  to  or  in  the  possession  of  said  company,  or  any  part  or 
portion  of  the  same,  and  also  all  rights,  privileges  and  easements 
which  the  said  company  has  in  any  manner  acquired  in,  over 
and  upon  the  Milwaukee  river,  the  waters,  bed  and  shores  thereof, 
and  lands  under  and  adjacent  to  said  river,  and  the  canal  of  said 
company,  connected  therewith,  and  the  said  city  of  Milwaukee  is 
hereby  authorized  to  receive  such  grant  and  conveyance  from  said 
company,  and  to  take  possession  of,  and  hold,  maintain,  use  and 
enjoy  the  said  property,  works,  rights,  privileges  and  easements  as 
fully,  and  to  and  for,  the  same  purposes  and  extent  as  the  said 
canal  company  has  heretofore  held,  maintained,  used  and  enjoyed 
the  same,  and  to  and  for  such  other  uses  and  purposes  as  the  general 
interest  and  welfare  of  said  city  and  its  inhabitants  shall,  in  the 
judgment  of  its  common  council,  require. 


Respecting  fran- 
chises to  be  con- 
veyed to  city  of 
Milwaukee. 


CHAPTER   419. 

AN  ACT  to  amend  section  2467,  of  the  revised  statutes,  as  amended 
by  chapter  31,  of  the  laws  of  1879  relating  to  change  of  place  of 
trial  in  certain  cases. 

Section  1.  Section  2467,  of  the  revised  statutes  of  1878,  as 
amended  by  chapter  31,  of  the  laws  of  Wisconsin  of  1879,  is 
hereby  amended  by  adding  at  the  end  thereof  the  following: 
Provided,  however,  that  whenever  the  city  or  county  of  Milwaukee 
shall  be  a  party  in  any  action  or  proceeding,  pending  in  either  the 
circuit  or  county  court  of  Milwaukee  county,  and  an  application 
shall  be  made  in  the  manner  provided  by  law  for  a  change  of  the 
place  of  trial  of  such  action,  on  account  of  the  prejudice  or 
disqualification  of  both  of  the  judges  of  said  courts,  or  whenever 
such  action  or  proceeding  shall  have  been  removed  from  either  of 
said  courts  to  the  other  upon  the  motion  of  the  judge  thereof,  for 
any  reason  provided  by  law  authorizing  him  so  to  do,  and  an  appli- 


Amending  section 
2467,  R.  S., 
change  of  place 
of  trial — Milwau- 
kee county. 


CHAP. 

20 


May  request  judge 
of  adjoining  cir- 
cuit to  hold  court. 


MILWAUKEE   CITY   CHARTER. 


306 


Expense  to  be  paid 
by  county. 


cation  shall  have  been  made  thereafter  to  remove  such  action  or 
proceeding  from  the  court  to  which  such  judge  has  removed  the 
same,  then  and  in  each  such  case  such  court  shall,  in  lieu  of 
awarding  a  change  of  venue  therein  to  another  circuit  or  county 
court,  make  an  order  requesting  a  circuit  judge  of  an  adjoining 
circuit  to  hold  the  court  wherein  such  action  is  pending  for  the 
the  trial  of  such  action,  and  cause  a  certified  copy  of  such  order  to 
be  forthwith  delivered  or  forwarded  by  mail  or  telegraph,  prepaid, 
to  such  judge,  whose  duty  it  shall  be,  immediately  upon  the 
receipt  thereof,  to  appoint,  in  writing,  a  reasonable  time  thereafter, 
and  give  notice  thereof  in  one  of  the  modes  aforesaid  to  the  judge 
of  the  court  making  such  order,  when  he  will  hold  such  court  for 
the  trial  of  such  action  or  proceeding  and  to  hold  and  attend  the 
same  at  the  time  aforesaid  by  him  appointed  for  the  purpose. 
The  expenses  of  the  judge  requested  to  hold  and  holding  the  court 
as  aforesaid  shall  be  paid  by  the  county  in  which  the  action  shall, 
on  the  occasion  of  holding  such  court  be  pending. 

Section  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 


City  of  Milwaukee 
authorized  to 
issue  bonds  for 
construction  of 
dam  across  Mil- 
waukee river. 


CHAPTER    447,    LAWS    OF    1887,    AS    AMENDED    BY 
CHAPTER    25,    LAWS    OF    1889. 

AN  ACT  to  authorized  the  city  of  Milwaukee  to  issue  bonds,  known 
as  "  Milwaukee  river  dam  bonds." 

Section  1.  The  common  council  of  the  city  of  Milwaukee  is 
hereby  authorized  to  provide  by  ordinance  for  the  issue  of  corporate 
bonds  of  said  city,  and  to  issue  such  corporate  bonds  to  the  amount 
of  not  to  exceed  fifty  thousand  dollars  payable  in  not  more  than 
twenty  years,  bearing  interest  not  exceeding  five  per  cent,  per 
annum,  which  bonds  shall  be  called  "Milwaukee  river  dam  bonds," 
and  shall  be  used  exclusively  to  provide  means  for  the  construc- 
tion and  erection  of  a  dam  across  the  Milwaukee  river  in  said  city 
at  a  point  between  Racine  street  and  the  northern  city  limits  of 
said  city  of  Milwaukee.  Provided,  said  dam  when  so  constructed 
as  provided  by  this  act,  shall  not  be  raised  above  the  original 
height  of  the  present  dam. 

As  amended  by  Chapter  25,  Laws  of  1889. 


How  signed,  etc. 


Section  2.  The  bonds  hereby  authorized  to  be  issued,  shall  be 
signed  by  the  mayor  and  clerk  of  said  city,  and  sealed  with  the 
corporate  seal,  countersigned  by  the  comptroller  and  attested  by 
the  commissioners  of  the  public  debt,  and  shall  in  terms  be  made 
payable  in  lawful  money  of  the  United  States,  in  the  city  of 
Milwaukee  or  in  the  city  of  New  York,  and  such  bonds  shall  each 
be  for  the  principal  sum  of  one  thousand  dollars,  or  five  hundred 
dollars,  or  one  hundred  dollars,  or  registered  bonds  to  the  amount 
of  ten  thousand  dollars  each,  and  shall  have  coupons  or  interest 
warrants  attached  thereto  for  the  semi-annual  payment  of  the 
interest  thereon  which  bonds  and  coupons  shall  be  numbered  in 
the  manner  designated  by  the  comptroller  of  said  cit}^ 


307  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

Skction  3.     All  bonds  to  be  issued  under  the  provisions  of  this   jo  be  delivered  to 
act  shall  be  delivered  to  the  commissioners  of  the  public  debt,      commissioners  of 
appointed  under  chapter  87,  of  the  general  laws  of  1861,  and  the     PUblic  debt. 
office  of  commissioners  of  public  debt  shall  continue,   and  such 
commissioners  shall  be  appointed  from  time  to  time,  in  pursuance 
of  the  provisions  of  this  act,  while  any  of  the  bonds  issued  under 
this  act  or  under  that  act,   shall    remain  outstanding,   and  all  of 
the  provisions  of  sections  2,  6,  7,  8,  9,  10,  11  and  17,  of  that  act, 
so  far  as  the  same  may  be  applicable  and  not  inconsistent  with 
this  act,  shall  apply  to  all  bonds  to  be  issued  under  this  act  and 
are  hereby  incorporated  into  this  act  as  a  part  thereof,  it  being  the 
true   intent   and  meaning  of  this  act  to  provide  for  the  bonds 
hereby  authorized  in  the  same  manner  as  the  bonds  authorized  by 
that  act  are  provided  for  in  the  sections  thereof  last  mentioned. 

Section  4.  The  bonds  provided  for  in  this  act  shall  be  executed 
and  issued  from  time  to  time,  at  such  times  and  in  such  amounts 
as  may  be  determined  by  the  common  council  of  the  city  of 
Milwaukee,  and  shall  be  sold  and  disposed  of  by  the  commissioners 
of  the  public  debt,  and  the  proceeds  thereof  paid  from  time  to 
time,  into  the  treasury  of  said  city;  and  said  proceeds  shall 
constitute  a  separate  and  distinct  fund  in  the  treasury  and  be  paid 
out  and  applied  exclusively  for  the  purposes  stated  in  the  first 
section  of  this  act. 

Section  5.  A  tax  upon  all  the  taxable  property,  real  and 
personal,  in  said  city,  shall  be  annually  levied  by  the  common 
council,  sufficient  to  pay  the  annual  interest  on  all  bonds  issued 
under  the  provisions  of  this  act  and  outstanding,  and  for  twenty 
years  before  the  principal  of  the  bonds  hereby  authorized  shall 
become  due,  a  tax  equal  to  five  per  cent,  of  the  principal  of  the 
bonds  actually  issued,  shall  be  annually  levied  by  the  common 
council  for  a  sinking  fund  to  pay  the  principal  of  such  bonds. 

Section  6.  As  soon  as  a  sinking  fund  shall  be  actually  collected 
for  the  said  bonds,  the  commissioners  of  the  public  debt  shall 
proceed,  annually,  in  the  cancellation  of  the  bonds  in  the  manner 
provided  for  in  sections  10,  and  11,  of  chapter  87,  of  the  general 
laws  of  1861,  in  regard  to  bonds  issued  under  that  act. 

Section  7.  The  commissioners  of  the  public  debt  shall  from 
time  to  time,  or  when  requested  by  the  common  council,  report  to 
the  common  council  of  said  city,  the  sale  or  other  disposition  of 
all  bonds  authorized  under  this  act. 

Section  8.  All  bonds  paid  or  otherwise  retired  shall  be 
marked  "cancelled"  by  the  commissioners  of  the  public  debt, 
and  by  them  returned  to  the  common  council  ot  the  said  city, 
who  shall  forthwith  publicly  cancel  the  same. 

Section  9.  The  commissioners  of  the  public  debt  are  hereby 
prohibited  from  selling  or  otherwise  disposing  of  any  of  the 
bonds  authorized  by  this  act  to  be  issued  at  a  less  rate  than  par, 
that  is  to  say,  for  less  than  the  principal  of  such  bonds  with 
accrued  interest. 


CHAP. 

20 


MII.WAUKEE   CITY   CHARTER. 


CHAPTEK  450.  LA^WS  OF  1887. 


308 


Declaring  certain 
avenues  boule- 
vards. 


What  may  pass  or 
enter  upon  boule- 
vards. 


Cattle,  swine, 
sheep,  etc.,  not 
allowed  upon. 


Obstructions  not  to 
be  placed  or  used 
upon,  without  per- 
mission. 


AN  ACT  to  declare  parts  of  certain  avenues  in  the  city  of 
Milwaukee,  boulevards,  or  pleasure  ways,  and  to  regulate  the 
use  of  the  same. 

Section  1.  Prospect  avenue  from  Juneau  avenue,  north  to 
Irving  Place,  in  the  First  ward,  and  Grand  avenue  from  Eighth 
street  west  to  the  city  limits  or  Western  avenue,  in  the  Fourth  and 
Sixteenth  wards  of  the  city  of  Milwaukee,  are  hereby  constituted 
and  declared  to  be  boulevards  or  pleasure  ways. 

Section  2.  No  cart,  dray,  wagon,  truck,  sleigh  or  other 
vehicle,  carrying  goods,  merchandise,  timber,  stone,  building 
material,  wood,  manure,  dirt  or  other  articles,  or  solely  employed 
and  used  for  carrying  goods,  merchandise,  timber,  stone,  building 
material,  wood,  manure,  dirt  or  other  articles,  either  loaded  or 
unloaded,  shall  pass  or  enter  upon  any  part  of  said  avenues, 
designated  in  section  1,  as  boulevards  or  pleasure  ways.  Provided, 
however,  that  in  so  far  as  the  foregoing  of  this  section  applies  to 
and  concerns  said  Grand  avenue  in  said  Fourth  and  Sixteenth 
wards  the  same  shall  go  into  effect  and  be  in  force  when  Clybourn 
street  from  Twentieth  street  to  Western  avenue  in  said  wards,  and 
State  street  from  the  west  end  and  termination  of  the  pavement 
thereon  to  said  Western  avenue  in  the  Second  ward  of  said  city  of 
Milwaukeee,  shall  have  been  graded  to  the  established  permanent 
grade;  the  gutters  paved,  the  roadway  graveled  or  paved  and  put 
in  condition  for  travel  and  use,  and  when  said  streets  shall  have 
been  accepted  by  the  board  of  public  works  and  declared  open 
for  travel  with  said  improvements  thereon  and  notice  thereof  given 
by  publication  in  at  least  three  newspapers  in  said  city  to  be 
designated  by  said  board  of  public  works;  and  provided,  further, 
that  nothing  in  this  act  shall  be  construed  to  prohibit  the  ordinary 
use  of  any  and  all  parts  of  said  boulevards  or  pleasure  ways  for 
the  purpose  of  obtaining  orders  for  and  of  carrying  supplies  or 
any  other  necessary  thing  to  or  from  any  place  or  residence 
fronting  on  either  of  said  avenues. 

Section  3.  No  cattle,  swine,  sheep,  goats,  geese,  or  fowls  shall 
be  allowed  to  run  at  large,  or  be  led  or  driven  upon  any  part 
of  said  avenues,  designated  in  section  1,  as  boulevards  or 
pleasure  ways. 

Section  4.  No  person  shall  move  any  building  along,  across 
or  upon  any  part  of  said  avenues,  designated  in  section  1,  as  boul- 
evards or  pleasure  ways,  nor  use  or  occupy  any  portion  thereof  for 
the  purpose  of  erecting  or  repairing  any  building,  nor  encumber 
or  obstruct,  or  cause  to  be  encumbered  or  obstructed  any  part 
thereof,  by  placing  therein  or  thereon  any  building  material  or  any 
article,  or  any  thing  whatsoever,  nor  dig  down  to  expose,  tear  up, 
disconnect  or  connect  with  any  of  the  sewers,  water  pipes  or  gas 
pipes  in  or  under  any  portion  thereof  without  having  first  obtained 
in  each  case  the  written  permission  of  the  board  of  public  works  of 
said  city.  The  common  council  of  said  city  shall  have  authority 
by  ordinances  or  resolutions  to  regulate  the  conditions  or  terms, 
and  prescribe  the  time  under  and  for  which  such  permits  shall  be 


309  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

granted  and  also  to  regulate  the  amount  of  fee  to  be  paid   upon 
application  for  a  permit  under  this  section. 

Section  5.     Any  person  or  persons  who  shall  violate  any  of  the    Penalty. 
provisions  of  this  act  shall  be  subject  to  prosecution  and  trial  before 
any  court  having  jurisdiction  thereof,  and  upon  conviction  shall 
be  fined  not  less  than  ten   dollars   nor  more   than  one  hundred 
dollars  for  each  offense. 


CHAPTER    426,    LAWS    OF    1891. 

AN  ACT  to  amend  section  1,  Chapter  450,  laws  of  1887,  entitled 
an  Act  to  declare  parts  of  certain  avenues  in  the  city  of 
Milwaukee,  boulevards  or  pleasure  ways,  and  to  regulate  the  use 
of  the  same. 

Section  1.     Chapter  184,  of  the  laws  of  1874,  entitled,  "An  act   Certain  avenues 
to  revise,  consolidate  and  amend  the  charter  of  the  city  of  Milwau-     declared  boule- 
kee,  approved  February  20th,  1852,  and  the  several  acts  amendatory     vards. 
thereof,"  is  hereby  amended,together  with  the  several  acts  amend- 
atory thereof,  by  adding  thereto  a  new  section,   which  shall  read 
as  follows:     Prospect   avenue  from  Juneau  avenue,    north  to  Iva 
Fayette  place,  in  the  First  ward,  and  Grand  avenue  from  Eighth 
street,  west  to  the  city  limits  or  Western  avenue,  in  the  Fourth 
and  Sixteenth  wards  of  the  city  of  Milwaukee,  are  hereby  consti- 
tuted and  declared  to  be  boulevards  or  pleasure  ways. 


CHAPTER     113,    LAWS    OF     1893. 

AN  ACT  to  declare  a  part  of  a  certain  avenue  in  the  city  of 
Milwaukee,  a  boulevard  or  pleasure  way,  and  to  regulate  the 
use  of  the  same. 

Section  1.     Grand  avenue,  from  Eleventh  street  west  to  the    «      j  j 

'4.    T    -4.        TT7    4-  ■    2.-i.    T^      J.-U      J  c^'  .      ^^         J      Grand  avenue  de- 

city  limits  or  Western  avenue,  in  the  Fourth  and  Sixteenth  wards,      dared  a  boule- 

of  the  city  of  Milwaukee,  is  hereby  constituted  and  declared  to  be     yard. 

a  boulevard  or  pleasure  way.  / 

Section  2.     No  cart,  dray,  wagon,  truck,  sleigh  or  other  vehicle    ^^^  ^     » 

carrying  goods,  merchandise,  timber,  stone,  building  material,  or  pass  upon. 
wood,  manure,  dirt  or  other  articles,  or  solely  employed  and  used 
for  carrying  goods,  merchandise,  timber,  stone,  building  material, 
wood,  manure,  dirt  or  other  articles,  either  loaded  or  unloaded, 
shall  pass  or  enter  upon  any  part  of  said  avenue,  designated  in 
Section  1,  as  a  boulevard  or  pleasure  way.  Provided,  that  nothing 
in  this  act  shall  be  construed  to  prohibit  the  ordinary  use  of  any 
and  all  parts  of  said  boulevard  or  pleasure  way  for  the  purpose 
of  obtaining  orders  for,  and  of  carrying  supplies  or  any  other 
necessary  thing  to  or  from  any  place  or  residence  fronting  on 
said  avenue. 

Section  3.     No  cattle,   swine,   sheep,  goats,  geese,  or  fowls,  n^uta  ewinp 

shall  be  allowed  to  run  at  large  or  be  led  or  driven  upon  any  part  sheep  etc.   not 

of  said   avenue,    designated  in   section   one,    as  a   boulevard    or  allowed  upon. 
pleasure  way. 


CHAP. 

20 

Obstructions  not  to 
be  placed  upon 
without  permis- 
sion. 


MILWAUKEE   CITY   CHARTER. 


310 


Penalty. 


Section  4.  No  person  shall  move  any  building  along,  across 
or  upon  any  part  of  said  avenue,  designated  in  section  1,  as  a  boule- 
vard or  pleasure  way,  nor  use  or  occupy  any  portion  thereof  for 
the  purpose  of  erecting  or  repairing  any  building,  nor  encumber  or 
obstruct,  or  cause  to  be  encumbered  or  obstructed,  any  part  thereof, 
by  placing  therein  or  thereon  any  building  material  or  any  article, 
or  anything  whatsoever,  nor  dig  down  to  expose,  tear  up,  discon- 
nect or  connect  with  any  of  the  sewers,  water  pipes  or  gas  pipes  in 
or  under  any  portion  thereof,  without  having  first  obtained  in  each 
case  the  written  permission  of  the  board  of  public  works  of  said 
city.  The  common  council  of  said  city  shall  have  authority  bj' 
ordinances  or  resolutions  to  regulate  the  conditions  or  terms,  and 
prescribe  the  time  under  and  for  which  such  permits  shall  be 
granted,  and  also  to  regulate  the  amount  of  the  fee  to  be  paid  upon 
application  for  a  permit  under  this  section. 

Section  5.  Any  person  or  persons,  who  shall  violate  any  of 
the  provisions  of  this  act,  shall  be  subject  to  prosecution  and  trial 
before  any  court  having  jurisdiction  thereof,  and  upon  conviction 
shall  be  fined  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars  for  each  offense. 


Cities  may  desig- 
nate boulevards. 


Common  council 
may  declare  what 
streets  shall  be 
boulevards. 


Certain  cities  may 
declare  boule- 
vards, how. 


CHAPTER    167,    LAWS    OF     1895. 

AN  ACT  authorizing  cities  of  the  first  and  second  class  to  set  aside 
certain  streets  therein  as  boulevards  or  pleasure  ways  and  to 
regulate  the  use  of  the  same. 

Section  1.  Any  city  within  this  state  of  the  first  or  second 
class  as  defined  by  chapter  40a  of  Sanborn  &  Berryman's  annotated 
statutes  of  this  state  and  the  acts  amendatory  thereof,  whether 
operating  under  said  chapter  or  under  special  charter  is  hereby 
authorized  to  set  aside  certain  streets  therein  in  the  manner  here- 
inafter designated  to  be  known  as  boulevards  or  pleasure  ways  and 
may  regulate  the  use  of  the  same. 

Section  2.  Any  of  the  cities  defined  in  section  one,  of  this  act, 
having  a  board  of  park  commissioner  or  commissioners  of  public 
parks  may,  by  a  majority  vote  of  the  common  council  of  such  city, 
upon  recommendation  of  said  park  commissioners  or  commis- 
sioners of  public  parks  designate  any  street  within  such 
city  and  declare  the  same  to  be  a  boulevard  or  pleasure 
way  and  may  provide  for  the  use  thereof  and  designate 
what  character  of  vehicles  may  travel  thereon;  provided, 
that  no  such  city  shall  be  authorized  to  prohibit  the 
ordinary  use  of  any  or  all  parts  of  such  boulevard  or  pleasure  way 
for  the  purpose  of  obtaining  orders  for,  and  the  carrying  of  supplies 
or  any  other  necessary  things  to  or  from  any  place  or  residence 
fronting  on  said  boulevard. 

Section  3.  Any  of  the  cities  designated  in  section  1,  of  this 
act,  which  have  no  board  of  park  commissioners  or  commissioners 
of  public  parks  may,  upon  recommendation  of  the  mayor  and  a 
majority  of  such  common  council,  adopt  and  prescribe  rules  and 
designate  and  declare  certain  streets  to  be  boulevards  or  pleasure 


311 


MIIvWAUKEE   CITY    CHARTER. 


CHAP. 

20 


ways  and  regulate  the  use  of  the  same  in  the  same  manner  and 
with  the  same  effect  as  if  such  cities  had  a  board  of  park  commis- 
sioners or  commissioners  of  public  parks. 

Section  4.   Any  such  city  by  its  common  council  may  prescribe   Council   may  pre- 
penalties   for  the   violation  of  any   rule  or    regulation    it    may     scribe  penalty. 
prescribe  for  the  use  of  any  such  boulevard  or  pleasure  way. 


CHAPTEK  197,  LAWS  OF  1893. 

AN  ACT  to  grant  to  the  city  of  Milwaukee  a  certain  portion  of 
submerged  land,  lying  along  and  adjacent  to  the  shore  of  Lake 
Michigan,  on  the  eastern  frontage  of  the  city  of  Milwaukee,  for 
public  park  and  boulevard  purposes. 

Section  1.  The  right,  title  and  interest  of  the  State  of  Wis- 
consin in  and  to  a  strip  of  submerged  land,  three  hundred  feet  in 
width,  along  and  adjacent  to  the  shore  of  Lake  Michigan,  consti- 
tuting the  bed  of  said  lake,  being  on  the  eastern  frontage  of  the 
city  of  Milwaukee,  having  for  its  westerly  boundary  the  easterly 
face  of  the  breakwater  constructed  by  the  Chicago  and  North- 
western Railway  Company,  for  its  south  boundary  the  south  line 
of  Mason  street,  in  the  Seventh  ward  in  the  city  of  Milwaukee, 
extended,  and  for  its  north  boundary  the  extension  of  the  east 
and  west  quarter  section  line,  running  through  section  twenty-one, 
in  town  seven  north,  range  twenty-two  east,  in  the  Eighteenth 
ward  of  said  city  of  Milwaukee,  are  hereby  granted  and  ceded  to 
the  said  city  of  Milwaukee,  to  be  held  and  used  by  said  city 
forever  as  part  of  its  system  of  public  parks  and  boulevards, 
and  to  be  managed,  controlled  and  improved  by  the  board  of  park 
commissioners  as  provided  in  chapter  488,  of  the  laws  of  1889, 
and  chapter  179,  of  the  laws  of  1891,  of  Wisconsin;  provided,  that 
said  land  hereby  ceded  and  granted  shall  not  be  leased  or  sold  by 
said  city  of  Milwaukee,  nor  used  by  it  for  any  other  purpose  than 
as  a  public  park  and  boulevard;  and  provided  further,  that  said 
city  shall  construct  over  any  railroad  track  or  tracks,  intersected 
by  any  bridge  or  driveway  to  said  park  on  above  described  strip 
of  land,  good  and  sufficient  viaducts  or  bridges,  at  least  twenty- 
two  feet  high  in  the  clear  above  said  track  or  tracks,  and  suffer  or 
permit  no  grade  crossings  thereover;  and  provided  further,  that 
said  strip  of  land  hereby  granted  shall  in  part  be  filled  in  and 
improved  so  as  to  be  made  a  public  park  or  boulevard  within  five 
years  from  the  date  of  the  passage  and  publication  of  this  act. 

Section  2.  Nothing  in  this  act  contained  shall  be  construed 
to  divest  or  otherwise  affect  the  riparian  lights  and  privileges  of 
the  several  owners  of  the  lots  abutting  on  Lake  Michigan,  but  all 
such  riparian  rights  and  privileges  shall  remain  vested  in  such 
abutting  or  upland  owners,  subject  only  to  the  use  of  the  laud 
hereby  granted  to  said  city  of  Milwaukee,  for  the  purpose  of  its 
system  of  public  parks  and  boulevards,  and  any  land  which  may 
be  between  the  right  of  way  of  the  Chicago  and  Northwestern 
Railway  Company,  as  described  in  the  several  conveyances  thereof 
to  said  company,  and  said  easterly  face  of  said  railroad  breakwater 


Certain  submerged 
land  in  Lake 
Michigan  ceded 
to  City  of  Milwau- 
kee. 


For  what  to  be 
used. 


Viaducts  to  be 
built. 


Riparian  rights  not 
to  be  divested. 


CHAP.  MILWAUKEE  CITY   CHARTER.  312 

20 

shall  not  be  used  by  said  railway  company  for  any  purpose  what- 
soever, except  that  of  a  slope  or  embankment  to  protect  the  road- 
bed or  tracks  on  said  right  of  way. 

CHAPTER    206,    LA'WS    OF    1893. 
AN  ACT  to  grant  to  the  city  of  Milwaukee  a   certain  portion  of 
submurged  land  lying  and  adjacent  to  the  shore  of  Lake   Mich- 
igan, on  the  eastern  frontage  of  the  city  of  Milwaukee,  north- 
easterly from  the  easterly  line  of  section  twenty-one,  to    the 
northerly  line  of  section  fifteen,  in  the  Eighteenth  ward  of  the 
city  of  Milwaukee,  for  public  park  and  boulevard  purposes. 
Grants  certain  sub-        Section  1.     All  the  right,  title  and  inteiest  of  the  state  of 
merged  lands  in    Wisconsin  in  and  to  the  following  land  along  and  adjacent  to  the 
Lal(e  Michigan  to   shore  of  Lake  Michigan,  and  partly  submerged,  constituting  the 
city  of  Milwaukee.    ^^^  ^f  j^^ke  Michigan,  being  on  the  southern  and  eastern  frontage, 
in  the  Eighteenth  ward  of  the  city  of  Milwaukee,   described  as 
follows,    to-wit:     A   strip   of  land  three  hundred   feet   in   width, 
having  for  its  westerly  boundary  the  extended  center  line  of  lot 
fifteen,  in  block  nine,   of  Glidden  and  Lockwood's  addition,   in 
the  Eighteenth  ward  of  the  city  of  Milwaukee,  and  lying  southerly, 
southeasterly  and  easterly  of  a  line  commencing  at  a  point  in  the 
said  center  line  of  said  lot   fifteen,    four  hundred   feet  south  of 
the  north  line  of  said  lot,  running  thence  northeasterly  parallel  to 
the  southerly  line  of  La  Fayette  place,  until  the  same  intersects  the 
low  water  mark;   thence    along    the    present   low    water    mark 
of    the    shore    of     Lake     Michigan     to    the     north     line      of 
section  fifteen,   extended  to  the  shore  of  Lake  Michigan  in  the 
Eighteenth  ward  of  the  city  of  Milwaukee,  are  hereby  granted  in 
To  be  used  for         ^^^  ^^  ^^^  ^^^^  ^^^y  ^^  Milwaukee,  to  be  held  and  used  by  said  city 
public  parks,  etc.    as  a  part  of  its  system  of  public  parks  and  boulevards;  provided, 
that  said  land  hereby  granted  shall  not  be  leased  or  sold  by  said 
city  of  Milwaukee,  nor  used  for  any  other  purposes  than  as  a  public 
park  and  boulevard;  and  provided  further,  that  at  least  part  of  said 
land  hereby  granted  shall  be  filled  in  and  improved,  so  as  to  be 
made  a  public  park  or  boulevard  within  five  years  from  the  date  of 
the  passage  and  publication  of  this  act. 

Riparian  rights  not  Section  2.  Nothing  in  this  act  contained  shall  be  construed 
to  be  divested.  to  divert  or  otherwise  affect  the  riparian  rights  and  privileges  of 
the  several  owners  of  the  lots  abutting  on  Lake  Michigan.  All 
such  riparian  rights  and  privileges  shall  remain  vested  in  such 
upland  owners  subject  only  to  the  use  of  the  land  hereby  granted 
to  said  city  of  Milwaukee  for  the  purpose  of  its  system  of  public 
parks  and  boulevards. 

CHAPTER    255,    LAWS    OF    1893. 
AN  ACT  to    authorize    and  direct  the  state  board  of  health  to 
investigate  and  recommend  a  proper  system  of  sewerage  of  the 
Menomonee  and  Kinnickinnic  valleys,  in  the  county  of  Mil- 
waukee;   and  to  report  thereon   at  the  next  session   of"  the 
legislature, 
heallh  to  recom-        Section  1.     The  state  board  of  health  is  hereby  authorized  and 
mend  system  of      directed  to  investigate,  consider  and'  report  at  the  next  session  of 
sewerage.  the  legislature  upon  a  general  system  of  sewerage  for  the  relief 


313 


MILWAUKEE   CITY    CHARTER. 


CHAP. 

20 


of  the  valleys  of  the  Menomonee  and  Kiiinickinnic  rivers,  and  so 
much  of  the  territory  as  is  tributary  thereto,  as  in  the  opinion  of 
said  board  may  be  deemed  advisable  for  the  public  health  for  the 
city  of  Milwaukee,  and  town  or  towns,  village  or  villages  adjacent 
thereto  and  within  the  proposed  territory,  or  so  much  of  said  city, 
town  or  towns,  village  or  villages,  as  may  in  the  opinion  of  said 
board  be  best  relieved  by  the  use  of  such  system;  provided,  the 
board  of  supervisors  of  the  County  of  Milwaukee  shall 
appropriate  the  money  to  pay  the  expense  thereof,  as  hereinafter 
provided. 

Section  2.  It  shall  be  the  duty  of  said  board  of  health,  to 
designate  the  city,  town  or  towns,  village  or  villages,  the  whole 
or  parts  thereof,  which  shall  be  tributary  to  and  embraced  in  the 
territory  and  system  so  to  be  reported,  and  to  describe  the  same  in 
their  report  with  plans,  specifications  and  maps,  as  they  shall  also 
show  by  suitable  plans,  specifications  and  maps,  such  trunk  line 
or  lines,  and  main  branches  thereto,  as  it  shall  recommend  to  be 
constructed. 

Section  3.  The  said  board  of  health  shall  further  consider, 
report  and  define  the  methods  by  which  said  city,  town  or  towns, 
village  or  villages,  or  parts  of  said  city,  town  or  towns,  village  or 
villages,  may  utilize  said  trunk  line  and  main  branches  as  an 
outlet  of  a  system  of  sewerage  for  said .  city,  town  or  towns, 
village  or  villages,  or  such  parts  thereof  as  said  board  shall  recom- 
mend, and  show  the  same  by  such  plans  and  maps. 

Section  4.  The  said  board  of  health  shall  cause  such  surveys 
and  levels  to  be  made  as  will  enable  said  board  to  determine 
approximately  the  location  and  grades  of  said  trunk  line  and 
main  branches,  and  also  such  surveys  and  levels  of  the  territory 
which  the  said  board  shall  determine  should  be  tributary  to  such 
trunk  line  or  lines  and  main  branches  as  will  enable  said  board  to 
determine  the  method  by  which  the  said  city,  town  and  villages, 
or  parts  thereof  may  respectively  utilize  such  system,  and  report 
thereon. 

Section  5.  Said  board  of  health  shall  also  recommend  and 
define  the  size  and  capacity  of  the  trunk  line  or  lines  and  main 
branches,  and  the  materials  of  which  they  should  be  constructed, 
the  manner  of  construction,  and  such  other  particulars  as  will 
enable  the  board  to  determine  the  probable  expense  thereof. 

Section  6.  The  said  board  of  health  is  hereby  authorized  to 
enter  into  a  conditional  contract  with  the  board  of  the  national 
home  for  disabled  volunteer  soldiers,  near  Milwaukee,  for  the 
use  of  such  system  of  sewerage  by  said  home,  with  the  board  of 
supervisors  of  Milwaukee  county  for  the  use  of  said  vSystem  of 
sewerage  by  the  County  Hospital,  by  the  Milwaukee  County 
Hospital  for  the  chronic  insane,  and  by  the  almshouse,  either  or 
any  of  them,  and  with  the  board  of  trustees  of  the  Milwaukee 
Hospital  for  insane  for  the  use  of  said  system, and  said  board  of  super- 
visors of  Milwaukee  county,  and  said  trustees  of  said  Milwaukee 
Hospital  for  insane  are  hereby  authorized  and  empowered  to  enter' 
into   a   like   conditional  contract   with  the   said   state  board    of 


Expense,  how  paid. 


Territory  embraced 
in  system  to  be 
designated. 


Methods  of  using 
system  to  be 
defined. 


Surveys  and  levels 
to  be  made. 


Capacity  of  trunk 
lines,  etc.,  to  be 
defined. 


Certain  conditional 
contracts  for  use 
of  system  may  be 
made. 


CHAP. 

20 


MILWAUKEE   CITY   CHARTER. 


314 


Territory  benefited 
to  be  described; 
taxes,  etc. 


May  employ 
assistants. 


Appropriation. 


Account  of  expen- 
ses, etc. 


health,  upon  such  terms  as  may  be  agreed  upon,  which  contracts 
shall  be  subject  to  the  ratification  and  approval  of  the  legislature 
of  the  state  of  Wisconsin;  and  the  said  state  board  of  health 
shall  report  to  the  next  legislature  the  terms  of  any  such  contract 
as  may  be  embraced  in  this  section,  together  with  their  recom- 
mendation thereon. 

Section  7.  It  shall  be  the  duty  of  said  board  of  health  to 
describe  the  territory  which  in  their  judgment  will  be  benefited  by 
such  system  of  sewerage,  and  which  should  be  assessed  for  the  pur- 
pose of  raising  a  fund  to  pay  for  the  expenses  hereinafter  mentioned, 
and  for  the  cost  of  the  construction  of  said  system  of  sewerage, 
and  also  to  recommend  the  manner  and  method  of  the  assessment 
of  the  taxes  and  the  collection  thereof  for  that  purpose,  and  in 
determining  the  method  of  assessment,  the  board  may  consider 
the  special  and  peculiar  benefits  which  any  property  may  receive 
on  account  of  any  peculiar  uses  or  business  to  which  such  property 
may  be  devoted,  requiring  the  use  of  such  sewer.  And  said  board 
of  health  shall  also  recommend,  if  they  deem  advisable,  the  terms 
and  conditions  upon  which  the  county  of  Milwaukee  and  the 
State  of  Wisconsin  shall  use  such  system  of  sewerage  for  the 
benefit  of  the  institutions  above  mentioned,  and  what  proportion, 
in  their  judgment,  the  county  of  Milwaukee  and  the  State  of 
Wisconsin  should  pay  towards  the  construction  of  said  sewerage 
system  for  the  use  thereof  by  the  said  institutions  respectively. 

Section  8.  The  said  state  board  of  health  is  authorized  to 
employ  such  assistance  as  they  shall  deem  advisable  to  enable 
them  to  perform  the  duties  under  this  act. 

Section  9.  The  county  board  of  supervisors  of  Milwaukee 
county  is  hereby  authorized  to  levy  and  appropriate  out  of  any 
funds  not  otherwise  appropriated,  the  sum  of  not  exceeding  ten 
thousand  dollars,  for  the  purpose  of  carrying  out  the  provisions  of 
this  act,  which  sum  shall  be  deemed  a  part  of  the  expense  of  the 
construction  of  such  sewer  system,  and  the  same  shall  be  repaid  to 
the  said  county  of  Milwaukee,  with  interest  thereon  at  the  rate 
per  cent,  per  annum  received  by  said  county  on  its  deposits,  out 
of  the  funds  to  be  hereafter  raised  for  the  construction  of  such 
sewer  system. 

Section  10.  The  said  board  of  health  shall  keep  an  itemized 
account  of  the  expenses  incurred  by  them  under  this  act,  and  shall 
from  time  to  time,  report  the  same  to  the  said  board  of  supervisors 
of  Milwaukee  county,  and  upon  the  approval  of  the  same  by  said 
board  of  supervisors,  said  board  of  supervisors  shall  cause  the 
amount  thereof  to  be  paid  said  state  board  of  health,  not  exceeding 
in  all,  however,  the  sum  often  thousand  dollars. 


Division    of  cities 
into  classes. 


CHAPTER    238,   LAWS    OF    1895. 

AN  ACT  to   provide   for  the  classification  of  cities  incorporated 

under  special  charters  granted  by  the  legislature  of  this  state. 

Section  1.     For  the  exercise  of  corporate  power  and  other 

appropriate  purposes,  all  cities  incorporated  under  special  charters, 

granted  by  the   legislature   of  this  state,    shall   be   divided   into 


315  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

classes  as  follows:  Cities  containing  a  population  of  one  hundred 
and  fifty  thousand  or  over  shall  constitute  the  first  class  of  cities 
incorporated  under  special  charters;  cities  containing  a  population 
of  forty  thousand  or  over,  and  under  one  hundred  and  fifty  thous- 
and, shall  constitute  the  second  class  of  cities  incorporated  under 
special  charters;  cities  containing  ten  thousand  or  over,  and  under 
forty  thousand,  shall  constitute  the  third  class  of  cities  incorporated 
under  special  charters;  cities  containing  less  than  ten  thousand 
shall  constitute  the  fourth  classof  cities  incorporated  under  special 
charters.  The  population  as  affecting  the  class  to  which  any  city 
shall  belong  under  this  act  shall  be  determined  by  the  last 
national  or  state  census. 


POLICE   COURT. 
CHAPTER  6.  LA^^S  OF  1895. 

AN  ACT  to  establish  a  police  court  in  the  city  of  Milwaukee. 

Section  1.     There  is  hereby  constituted  and  established  in  the    p-ijpp  nnnrt  p<;tah> 
city  of  Milwaukee,  a  court  to  be  known  and  called  the  Police     ijshed. 
Court  of  the  city  of  Milwaukee.     It  shall  be  a  court  of  record,  and 
have  a  clerk,  and  a  seal  with  suitable  device,  to  be  procured  under 
the  direction  of  the  judge  thereof,  at  the  expense  of  the  city  of 
Milwaukee. 

Section  2.     On  the  first  Tuesday  of  April,  1895,  and  on  the   _  ,    „. 

J         c  ^u  4.U         I      -  ^u        r^       ^-i.     Term  of  office; 

same   day   of   the    same  month,  each   six  years  thereafter,  the     ^ihen  iudae  to  be 

qualified  electors  of  said  city  of  Milwaukee  shall   elect,  the  same      elected. 

as  they  elect  their  city  ofiicers,  a  suitable  person  to  the  office  of 

judge  of  said  police  court,  to  be  called  "  police  justice,"  who  must 

be  a  resident  of  said  city  and  an  attorney  at  law,  admitted   to 

practice  in  the  circuit  court  of  Milwaukee  county.     Such  police 

justice   shall  hold   his  office  for  the  term  of  six  years,  from   the 

first  Monday  of  May  next  succeeding  his  election,  and  until  his 

successor  shall  have  been  elected  and  qualified,  and  who  may  be 

removed  from  office  for  cause  in  the  manner  provided  by  law  for 

the  removal   of  justices  of  the  peace.     The  resignation   of  the 

police  justice  shall  be  made  to  the  governor  of  the  state.     "When-    ^  . 

ever  a  vacancy  shall  occur  in  the  office  of  such  justice  from  any     fj||ed. 

cause  whatever,  the  governor  shall   appoint  a  police  justice,  and 

the  person  so  appointed  shall  hold  for  the  residue  of  the  term. 

Section  3.     Before  entering  upon  the  duties  of  his  office,  the  euaii  »aLp  a«d  cub- 

police  justice  shall  take  and  subscribe  the  oath  of  office  prescribed  scribe  the  oath  of 

in  the  constitution,  which  oath  shall  be  filed  in  the  office  of  the  office, 
city  clerk  of  the  city  of  Milwaukee. 

Section  4.  Said  police  court  shall  have  exclusive  jurisdiction  jupjcHjction 
to  try  and  sentence  all  offenders  against  the  ordinances  of  said 
city  of  Milwaukee,  and  it  shall  also  have  exclusive  jurisdiction  to 
try  all  misdemeanors  arising  in  said  city  of  Milwaukee  and  triable 
before  a  justice  of  the  peace,  and  to  issue  warrants  for  the  appre- 
hension of  persons  charged  with  the  commission  of  offenses  in 
said  city  of  Milwaukee   and   not   triable  before  a  justice  of  the 


CHAP. 

20 


Jurisdiction 
defined. 


MILWAUKEE   CITY   CHARTER. 


316 


Court  to  be  held  in 
Milwaukee. 


Time. 


Clerk  of  municipal 
court  shall  be  ex- 
officio  clerk  of 
police  court 

Duties  of  clerk 
defined. 


peace,  and  to  examine  such  alleged  offenders,  and  commit  or  hold 
them  to  bail,  the  same  as  a  justice  of  the  peace  might  other- 
wise do. 

Section  5.  No  justice  of  the  peace  or  court  commissioner  in 
said  city  of  Milwaukee  shall  exercise  any  jurisdiction  in  any 
criminal  cases,  but  all  such  jurisdiction  is  vested  in  said  police 
court,  and  all  examinations,  recognizances,  and  commitments  for 
trial  from  said  police  court,  and  from  the  other  justices  of  the 
peace  of  the  county  of  Milwaukee,  in  criminal  cases  not  triable 
before  justices  of  the  peace,  shall  be  certified,  returned,  and  made 
to  the  municipal  court  of  the  city  and  county  of  Milwaukee  instead 
of  the  circuit  court,  at  or  before  the  time  fixed  for  the  appearance 
of  the  accused.  All  such  cases  shall  thereafter  be  prosecuted  and 
tried  in  said  municipal  court  as  provided  by  law  in  similar  cases  in 
the  circuit  court,  and  all  the  general  provisions  of  law  relating  to 
criminal  actions,  proceedings  and  examinations  before  justices  of 
the  peace,  shall  apply  to  said  police  court  so  far  as  applicable. 

Section  6.  Said  police  court  shall  be  held  at  the  said  city  of 
Milwaukee,  in  some  suitable  place,  to  be  provided  and  suitably 
furnished  by  said  city,  and  it  shall  open  for  business  every 
morning  (Sundays  and  legal  holidays  excepted).  In  case  of  the 
absence,  sickness,  or  temporary  disability  of  said  police  justice  he 
may,  by  an  order  in  writing,  to  be  filed  in  said  court,  appoint  a 
justice  of  the  peace  of  said  city  to  discharge  the  duties  of  said 
police  justice  during  such  absence,  sickness  or  disability,  who 
shall  have  all  the  powers  of  said  police  justice  while  administering 
such  office,  and  such  justice  of  the  peace  shall  receive  for  his 
services  five  dollars  per  day,  to  be  paid  by  said  city.  Said  police 
justice  shall  not  voluntaril}'  absent  himself  from  the  duties  of  his 
office  more  than  thirty  days  in  any  one  year,  except  from  sick- 
ness. 

Section  7.  The  clerk  of  the  municipal  court  of  the  city  and 
county  of  Milwaukee  shall  be  ex-officio  clerk  of  said  police  court. 
He.  or  one  of  his  deputies,  shall  be  present  during  the  sessions  of 
said  police  court,  and  shall  keep  and  have  the  care  and  custody  of 
all  records,  books,  and  papers  of  the  court,  perform  all  ministerial 
acts  required  of  him  by  and  under  the  direction  of  the  police 
justice,  and  when  the  court  is  not  in  session  shall  have  power  to 
take  bail  for  the  appearance  of  any  person  under  arrest  before  the 
court,  subject  to  the  revision  of  the  court;  he,  or  one  of  his 
deputies,  may  administer  all  necessary  oaths,  enter  the  judgments 
of  the  court,  issue  commitments  and  executions  to  enforce  the 
same,  and  make  up  and  keep  the  records  of  the  court  in  all  cases 
therein  under  the  direction  of  the  judge;  he,  or  one  of  his  depu- 
ties, shall  issue  all  process  under  his  hand  and  the  seal  of  the  court, 
and  attest  it  in  the  name  of  the  judge,  signing  it  by  his  title  of 
office,  and  shall  tax  costs;  he,  or  one  of  his  deputies,  may  issue 
warrants  upon  complaint  filed  in  writing,  and  upon  oath  in  all 
cases.  The  complaints,  warrants,  recognizances,  commitments, 
attachments,  venires,  subpoenas,  and  other  writs  and  papers  in 
said  court  shall  be  in  substance  in  the  form  hitherto  used 
in  the  municipal  court  of  the   city    and   county   of   Milwaukee. 


317  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

In  city  prosecutions,  said  clerk,  or  one  of  his  deputies,  shall 
enter  upon  the  record  of  the  court  a  statement  of  the  offense 
charged,  which  shall  stand  as  the  complaint,  unless  the  court 
shall  direct  a  formal  complaint  to  be  made;  and  the  defendant's 
plea  shall  be  guilty  or  not  guilty,  and  shall  be  entered  as  not 
guilty  on  failure  to  plead,  which  plea  of  not  guilty  shall  put  all 
matters  in  such  case  at  issue.  Said  clerk  shall  also,  under  the 
direction  of  the  common  council  of  said  city,  procure  and  furnish 
all  the  necessary  blanks,  stationery,  book  and  paper  cases,  desks, 
record  books,  office  furniture,  lights  and  fuel  for  the  use  of  said 
police  court  and  its  clerks,  at  the  expense  of  said  city.  Such  clerk 
and  his  deputies,  and  the  police  officers  attending  said  police  court 
and  serving  its  processes  shall  receive  no  fees,  and  all  costs 
collected  in  said  court  shall  be  paid  into  the  city  treasury  as  herein 
stated,  and  credited  to  the  general  fund,  except  as  hereinafter 
provided. 

Section  8.  After  issue  joined  and  before  trial  in  all  cases  Jury,  how  drawn. 
cognizable  before  said  police  court  the  accused  may  demand  a 
trial  by  a  jury  of  not  more  than  twelve  nor  less  than  six  men,  and 
shall  designate  the  number  at  the  time  of  the  demand.  The  court 
shall  then  direct  the  clerk  to  proceed  to  draw  in  the  presence  of 
the  jury  commissioners  of  Milwaukee  county,  from  the  box  con- 
taining the  names  of  persons  furnished  by  said  jury  commissioners 
to  serve  as  petit  jurors  in  the  municipal  court  of  the  city  and 
county  of  Milwaukee,  twice  the  number  of  jurors  demanded, 
and  from  the  list  so  prepared  by  the  clerk,  the  parties  shall  then 
alternately  strike,  the  accused  commencing,  so  many  names  as 
shall  leave  remaining  the  number  demanded.  A  venire  shall 
thereupon  be  issued,  commanding  the  officer  to  summon  those  so 
remaining  to  appear  before  the  court  at  such  time  as  may  be 
directed,  to  make  a  jury  for  the  trial  of  said  action,  and  the  court 
may  compel  their  attendance  by  attachment.  Either  party  may 
challenge  any  juror  for  cause,  and  deficiencies  occasioned  thereby, 
or  by  any  other  cause  shall  be  supplied  by  talesmen  to  be  selected 
and  summoned  by  the  officer.  If  no  jury  shall  be  demanded,  it  shall 
be  deemed  a  waiver  of  a  jury  trial.  If  either  party  declines  to 
strike  from  the  list  the  names  which  he  is  entitled  to  strike,  the 
court  shall  appoint  some  disinterested  person  to  strike  the  same 
for  such  party.  Bach  juror  shall  receive  for  his  services  the  same 
fees  allowed  by  law  to  petit  jurors  in  courts  of  record  in  said  county, 
and  the  fees  of  such  jurors  shall  be  taxed  as  costs  in  said  action. 
Witnesses  and  jurors  shall  attend  before  said  court  in  all  city  and  Witnesses  and 
criminal  prosecutions  without  any  payment  of  fees  in  advance  or  a  jurors  Shall  attend 
tender  thereof,  upon  the  processes  of  the  court  duly  served,  and  in  without  pre-pay- 
default  thereof  their  attendance  may  be  enforced  by  attachment,  "lent  of  fees. 
In  case  the  jury  after  being  kept  a  reasonable  time  should  disagree, 
they  shall  be  discharged,  and  thereupon  the  court  shall  adjourn 
the  cause  to  a  day  certain,  and  issue  a  new  venire  as   aforesaid. 

Section  9.     The  sheriff  of  Milwaukee   county  shall  be  the  Sheriff  of  Milwau- 

officer  of  said  police  court,  and  shall  serve  its  processes  and  carry  |(ee  county  shall 

into  effect  its  orders  and  judgments,  and  the  police  officers  of  said  be  officer  of 

city  of  Milwaukee  may  serve  its  processes  in  city  prosecutions.  police  court. 


CHAP. 

20 

Phonographic  re- 
porter to  be  ap- 
pointed. 


MILWAUKEE  CITY  CHARTER. 


318 


Salary,  $900  per 
annum. 

Duties  defined. 


Shall  be  furnished 
requisite  station- 
ery. 


Fines  and  penalties 
to  be  accounted 
for. 


Witness  fees,  etc. 


Section  10.  Said  police  court  is  hereby  authorized  to  appoint 
a  ohonographic  reporter,  skilled  in  the  art  of  shorthand  reporting, 
lor  such  police  court.  The  person  so  appointed  shall  be  deemed 
an  officer  of  the  court,  and  before  entering  upon-  the  duties  of  his 
office  shall  take  and  subscribe  the  constitutional  oath  of  office 
and  file  the  same  duly  certified  in  the  office  of  the  city  clerk  of 
said  city  of  Milwaukee.  Such  reporter  so  appointed  shall  attend 
all  the  sessions  of  said  police  court,  and  shall  report  all  preliminary 
examinations  held  before  said  court,  and  report  any  other  trial  or 
proceeding  which  may  be  had  before  said  court  when  directed  by 
said  police  justice  so  to  do.  Said  reporter  shall  receive  a  salary 
of  nine  hundred  dollars  per  annum,  payable  monthly,  at  the  end 
of  each  and  every  month  by  said  city  of  Milwaukee.  It  shall  be 
the  duty  of  said  reporter,  at  the  request  of  any  party,  to  transcribe 
in  long  hand  the  evidence  of  any  proceeding  or  trial  taken  by  him 
in  said  police  court,  or  any  part  thereof,  which  transcript  shall  be 
duly  certified  by  him  to  be  correct,  and  for  which  he  shall  be 
entitled  to  receive  from  the  party  requesting  the  same,  five  cents 
per  folio,  when  written  out  in  full,  and  when  at  the  request  of  the 
party  it  shall  be  written  in  narrative  form,  ten  cents  per  folio. 
Said  reporter  shall  be  furnished  all  necessary  stationery.  Said 
court  may  in  its  discretion  order  a  transcript  of  the  evidence  or 
proceedings,  or  any  part  thereof  to  be  made  and  certified  by  the 
reporter,  and  filed  with  the  clerk  of  the  court,  and  the  costs 
thereof,  not  exceeding  five  cents  per  folio,  shall  be  paid  upon 
certificate  of  said  police  justice,  from  the  city  treasury,  in  city 
prosecutions,  and  from  the  county  treasury  in  all  other  criminal 
actions.  It  shall  be  the  duty  .of  such  reporter  to  transcribe,  free  of 
charge  and  file  as  soon  as  ready  be,  the  charge  of  the  court  to  the 
jury,  and  the  evidence  taken  upon  preliminary  examinations, 
and  in  cases  where  the  accused  is  committed  to  the  Industrial 
school  for  boys. 

Section  11.  All  fines  and  penalties  imposed  by  said 
police  court,  and  the  costs  and  fees  of  a  trial,  shall  be 
payable  to  the  clerk  of  said  court,  and  it  shall  be  his  duty  to 
account  for  and  pay  over  to  the  treasurer  of  said  city  of  Milwaukee 
on  the  first  Mondays  of  January,  April,  July  and  October,  all  fines, 
penalties,  collections  and  other  fees,  except  witnesses'  fees, 
collected,  which  may  have  come  into  his  hands  as  such  clerk  up 
to  the  day  of  such  payment,  and  shall  also  account  for  and  pay 
over  to  said  city  treasurer  on  the  first  Mondays  of  January  and  July 
in  each  year,  all  witnesses'  fees  which  may  have  come  to  his  hands 
as  such  clerk  up  to  the  day  of  payment,  which  have  not  been  paid 
to  the  persons  entitled  thereto,  which  witnesses'  fees  may  there- 
after be  paid  by  said  treasurer  to  such  persons  upon  the  certificate 
of  said  clerk,  specifying  the  name  of  the  person  entitled  thereto, 
the  amount  due  him,  and  the  title  of  the  case  in  which  he  was  a 
witness.  The  foregoing  provisions  shall  not  apply,  however, 
to  witness'  fees  of  members  of  the  police  department  of  the  city  of 
Milwaukee,  who  may  testify  for  the  prosecution.  It  shall  be  the 
duty  of  the  clerk  to  tax  witness'  fees  for  such  members,  but  when 
collected,  such  witness'  fees  shall  be  paid  by  the  clerk  to  the 
treasurer  of  the  Policemen  Relief  Fund  Association  of  the  city  of 


319 


MILWAUKEE  CITY  CHARTER. 


Milwaukee,  on  the  first   Mondays   of  January,    April,   July   and 
October  of  each  year. 

Section  12.  All  fines  and  penalties  collected  in  criminal  cases 
and  paid  into  the  treasury  of  said  city,  shall  be  accounted  for  and 
paid  over  to  the  treasurer  of  said  county  annually  at  the  time  of 
paying  over  state  and  county  taxes.  The  county  of  Milwaukee 
shall  also  at  the  same  time  pay  to  the  city  of  Milwaukee,  one-half 
of  the  salaries  of  the  police  justice  and  the  phonopraphic  reporter 
of  said  court,  and  one-half  of  the  expenses  of  blanks,  stationery, 
book  and  paper  cases,  desks,  record  books,  office  furniture,  lights, 
and  fuel,  used  for  said  court  and  its  clerks,  and  the  other  expenses 
of  said  court  which  may  have  been  paid  for  by  said  city. 

Section  13.  In  all  cases  brought  before  the  police  court,  the 
court  may,  in  its  discretion,  grant  such  continuances  as  may  be 
necessary  to  the  ends  of  public  justice  either  with  or  without  bail. 

Section  14.  The  salary  of  said  police  justice  shall  be  two 
thousand  five  hundred  dollars,  per  annum,  payable  monthly,  at 
the  end  of  each  and  every  month  by  the  city  of  Milwaukee.  The 
fees  of  the  clerk,  witnesses,  jurors,  sheriff,  and  other  officers  and 
the  taxable  costs  of  suit  shall  be  the  same  as  now  in  the  municipal 
court  of  said  city  and  county  of  Milwaukee  in  similar  cases.  In 
all  cases  before  said  police  court,  the  costs  shall  be  paid  in  criminal 
prosecutions  in  the  name  of  the  state,  by  the  county  of  Milwaukee, 
and  in  city  prosecutions  by  the  city  of  Milwaukee,  when  not  other- 
wise collected,  upon  the  certificate  of  the  clerk  of  said  court. 

Section  15.  All  persons  convicted  in  said  police  court  who 
would  otherwise  be  sentenced  or  committed  to  imprisonment  in 
the  county  jail,  shall  be  sentenced  to  imprisonment  in  the  House 
of  Correction  in  Milwaukee  county,  and  the  court  may  order  the 
prisoner  to  be  kept  therein  at  hard  labor  during  the  term  of  his 
imprisonment,  if  he  shall  have  the  ability  to  labor. 

Section  16.  Every  person  convicted  before  said  police  court 
may  appeal  from  the  sentence  or  judgment  against  him  to  the 
municipal  court  of  said  city  and  county  of  Milwaukee,  within  the 
time  and  in  the  manner  as  is  now  provided  by  law  for  apppeals  in 
criminal  cases  from  justices  of  the  peace  of  the  county  of  Mil- 
waukee. Said  municipal  court  is  empowered  to  hear,  try  and 
determine  such  appeals  and  all  provisions  of  law  relating  to 
appeals  in  criminal  cases  troni  justices'  courts,  and  the  trial  and 
determination  thereof  shall  apply  to  appeals  from  said  police 
court  to  the  municipal  court. 

Section  17.  On  the  first  Monday  of  May,  1895,  all  actions, 
causes,  pleadings,  processes,  and  proceedings,  which  may  be 
pending  in  the  municipal  court  of  the  city  and  county  of  Mil- 
waukee in  relation  to  any  violations  of  the  ordinances  of  said  city, 
or  of  the  laws  of  this  state  in  cases  of  crimes  and  misdemeanors 
not  indictable  arising  in  said  city,  and  in  relation  to  the  examina- 
tion of  persons  charged  with  the  commission  of  an  offense  in  said 
city,  and  not  triable  before  a  justice  of  the  peace,  shall  on  that  day 
be  transferred,  returnable  and  continued  to  and  become  actions, 
proceedings,  and  examinations  in  said  police  court,  and  such 
actions,  proceedings,  and  examinations  shall,  on  and  after  that  date 


CHAP. 

20 


Fines  and  penalties 
to  be  paid  over  to 
city  treasurer. 


Continuances. 


Salary  $2,500  per 
annum. 


Costs,  and  how 
paid. 


Commitments  to  be 
to  House  of  Cor- 
rection. 


made. 


,  how 


Date  when  busi- 
ness of  court 
begins. 


CHAP.  MILWAUKEE  CITY   CHARTER.  320 

20 

be  deemed  and  treated  as  pending  in  said  police  court  for  all 
purposes,  to  the  same  extent,  and  with  the  same  effect  as  if  said 
actions,  proceedings  and  examinations  had  been  originally 
commenced  and  had  in  said  police  court,  but  until  said  first 
Monday  of  May,  1895,  the  jurisdiction  and  procedure  of  said 
municipal  court  shall  continue  unaffected  by  this  act. 

Section  18.  All  laws,  and  provisions  of  laws  contravening  the 
provisions  of  this  act  are  hereby  repealed. 

CHAPTEK    35,    LAWS    OF     1853. 
Section  2.     The  city  of  Milwaukee,    in   its   corporate   name, 
may  sue  for  and  recover  any  and  all  fines,  penalties,  and  forfeitures 
under  said  city  charter,  and  the  acts  amendatory  thereof;  or  under 
the  ordinances,  by-laws,  or  police  or  health  regulations  made  in 
pursuance  thereof,  any  general  law  of  the  state  to  the  contrary 
notwithstanding;    and    such     action     shall    be    commenced    by 
complaint  substantially  in  the  following  form: 
State  of  Wisconsin,  ^ 
Milwaukee  County,      I SS. 
City  of  Milwaukee     J 

being  duly  sworn,  complains  on  oath  to 
the  police  justice  of  the  city  of  Milwaukee,  that  did, 

on   the  day  of  18     ,  violate  the 

section  of  an  ordinance,  by-law,  or  resolution  (describing 
it  by  the  title,)  which  said  is  now  in  force,  as  this 

complainant  verily  believes,  and  prays  that  said 
may  be  arrested,  and  held  to  answer  to  the  said  city  of  Milwaukee 
therefor. 

Subscribed  and  sworn  to  before  me,  this        day  of  18     . 

It  shall  be  sufficient  to  give  the  number  of  the  section  or 
sections,  and  the  title  of  the  ordinances,  by-law,  regulations,  or 
resolution,  or  of  the  law  violated,  in  such  complaint.  And  said 
complaint  may  be  sworn  to  before  any  officer  authorized  to  admin- 
ister oaths  in  the  courts  of  this  state.  Upon  the  filing  of  such 
complaint  in  the  office  of  the  police  justice,  he  shall  issue  a 
warrant  thereon,  substantially  as  follows: 

State  of  Wisconsin,        ) 
City  and  County  of  Milwaukee  / 

To  the  sheriff,  or  any  constable 
of  said  county,  or  to  the  marshal  of  the  city  of  Milwaukee, 
Greeting: 

Whereas,  has  this  day  complained  to  me  in 

writing,  on  oath,  that  did,  on  the  day  of 

18  ,  violate  the  section  or  sections  of  an  ordinance, 
by-law,  regulation,  or  law  (describing  it  by  its  title),  which  said 
is  now  in  force  and  effect,  as  said  complainant  verily 
believes;  therefore,  in  the  name  of  the  state  of  Wisconsin,  you 
are  hereby  commanded  to  arrest  the  body  of  the  said 
and  him  forthwith  bring  before  the  police  justice  of  the  said  city, 
to  answer  to  the  said  city  of  Milwaukee,  on  the  complain 
aforesaid. 

Given  under  my  hand,  this  day  of  18     . 

Police  Justice. 


321  MILWAUKEE   CITY   CHARTER.  ""AP- 

20 

Upon  the  return  of  the  warrant,  the  court  may  proceed  sum- 
marily with  the  case,  unless  it  be  continued  by  consent,  or  for 
cause.  If  the  cause  be  adjourned,  the  defendant,  if  required  by 
the  court  so  to  do,  shall  recognize  with  surety  for  his  appearance, 
in  such  sum  as  the  court  shall  direct;  or,  in  default  thereof,  may 
be  put  in  charge  of  the  officer  who  made  the  arrest;  or  be  commited 
to  the  common  jail  of  Milwaukee  county.  The  complaint  made 
aforesaid  shall  stand  in  lieu  of  a  declaration,  and  the  plea  of  not 
guilty  shall  put  at  issue  all  subject  matter  which  pertains  to  the 
defense  of  the  action. 

Section  5.  In  city  prosecutions  the  finding  of  the  court  or 
jury,  shall  be  either  guilty,  or  not  guilty.  If  guilty,  the  court 
shall  render  judgment  thereon  against  the  defendant,  for  the  fine, 
penalty,  or  forfeiture  contained  in  the  ordinance,  by-law  or 
resolution  for  the  violation  of  which  the  person  or  persons  shall 
have  been  adjudged  guilty,  and  for  the  costs  of  suit;  but  if  not 
guilty,  the  casts  shall  be  taxed  against  the  city.  Upon  conviction 
and  the  non-payment  of  such  judgment,  the  court  may  forthwith 
issue  an  execution,  and  shall  determine  and  enter  upon  the  docket 
the  length  of  time  the  defendant  shall  be  imprisoned,  which,  in 
no  case,  shall  exceed  six  months,  and  also  insert  such  time  in  the 
commitment  or  execution. 

Such  execution  may  be  in  the  following  form: 

State  of  Wisconsin,         1 
City  and  County  of  Milwaukee  j 

To  the  sheriff  or  any  constable  of  the  county  of  Milwaukee, 
the  city  marshal,  and  to  the  keeper  of  the  common  jail  in  said 
county : 

Whereas,  the  city  of  Milwaukee,  on  the         day  of  18     , 

recovered  a  judgment  before  the  police  court  of  said  city,  against 
for  the  sum  of  dollars,  together 

with  dollars  costs  of  suit,  for  the  violation  of,   (here 

insert  the  number  of  section  and  the  title  of  the  ordinance,  as 
set  forth  in  the  complaint).  These  are,  therefor,  in  the  name  of 
the  state  of  Wisconsin,  to  command  you  to  levy  distress  on  the 
goods  and  chattels  of  the  said  (excepting  such  as 

the  law  exempts),  and  make  sale  thereof,  according  to  law  in  such 
cases  made  and  provided,  to  the  amount  of  said  sums,  together 
with  your  fees,  and  twenty-five  cents  for  this  writ,  and  the  same 
return  to  me  in  thirty  days;  and  for  want  of  such  goods  and 
chattels,  whereon  to  levy,  take  the  body  of  the  said 
and  him  convey  and  deliver  to  the  keeper  of  the  common  jail  in 
Milwaukee  county.  And  the  said  keeper  is  hereby  commanded 
to  receive  and  keep  in  custody,  in  said  jail,  the  said 
for  the  term  of  ,  unless  said  judgment,  together  with  all 

costs  and  jail  fees  are  sooner  paid,  or  he  be  discharged  by  due 
course  of  law. 

Given  under  my  hand  and  seal  this        day  of  18     . 

[Iv.  S.] 

Police  Justice. 

The  form  of  commitment  may  be  substantially  the  same  as  that 
of  the  execution,  leaving  out  all  that  relates  to  levy  and  sale,  and 
return  of  the  writ. 


CHAP.  MILWAUKEE   CITY   CHARTER.  322. 

20 

Section  7,  *  *  ^  And  said  common  council  may, 
by  resolution,  direct  the  police  justice  to  discharge  from  the  jail, 
any  person  confined  for  a  judgment,  unless  said  common  council 
shall  so  direct  in  their  resolution.  Upon  filing  a  certified  copy  of 
such  resolution,  attested  bj-  the  clerk  of  the  common  conncil,  the 
police  justice  shall  order  such  defendant  discharged  from  custody, 
and  make  an  entry  of  such  discharge  upon  his  docket;  an  execu- 
tion may  issue  or  be  renewed  by  indorsement  from  time  to  time 
before  or  after  the  return  day  thereof,  and  before  or  after  the 
commitment  of  the  defendant,  until  the  judgment  is  satisfied  or 
released;  but  after  the  defendant  shall  have  been  committed  no 
execution  shall  be  issued  against  the  body  of  the  defendant  nor  if 
previously  issued  shall  authorize  the  taking  of  the  body  of  the 
defendant  thereon. 

Section  2501,  Rev.  Stat.  1878  as  amended  by  Sec.  3,  Ch.  256, 
1879,  and  Ch.  265,  1891. 

The  provisions  of  an  act  entitled  "An  Act  to  establish  a  code  ot 
procedure  for  the  police  court  of  the  city  of  Milwaukee,"  approved 
March  17,  1853,  so  far  as  the  same  are  applicable,  shall  apply  to 
the  municipal  court,  except  the  sixth  section  of  said  act,  which 
is  repealed. 

SECTIONS    938,    939    AND    940,  R.  S. 
LIABIIvlTY   OF   CITY   FOR   INJURIES   BY   MOB. 

938.  Whenever  any  property,  real  or  personal  (except  houses 
of  ill-fame,  when  the  owner  has  notice  that  the  same  are  used  as 
such),  shall  be  destroyed  or  injured  by,  or  in  consequence  of,  any 
mob  or  riot,  the  city,  or  if  not  in  a  city,  then  the  county  in  which 
such  property  is  situated,  shall  be  liable  to  the  owner  thereof  for 
the  damages  so  sustained  by  him.  And  in  like  manner,  a  remedy 
in  law  is  hereby  given  against  such  city  or  county  (as  the  case  may 
be),  for  any  bodily  harm  or  injury  sustained  by  persons,  not  in 
any  way  implicated  in  such  unlawful  assemblage  or  riot,  and  who 
have  not  by  their  own  act  or  negligence  contributed  to  the  injury 
thus  sustained;  provided,  that  within  six  months  after  such  destruc- 
tion or  injury,  an  action  shall  be  commenced  therefor,  or  the  claim 
be  presented  to  the  proper  authorities  of  such  city  or  county  in  the 
manner  prescribed  by  law. 

(Sees.  1  and  5,  Ch.  211,  1863,  amended  so  as  to  exclude  houses 
of  ill-fame  from  the  right  to  damages,  inasmuch  as  they  may  be 
said  to  have  invited  destruction  by  violating  law.  The  exception, 
however,  does  not  embrace  such  property  as  the  owner  has  no 
notice  of  the  illegal  use  of.  In  New  York  the  courts  have  held, 
under  a  similar  statute  to  our  present  one,  that  the  owner  of  such 
property  is  not  debarred  from  recovery.) 

939.  No  person  shall  be  entitled  to  recover  under  the  provisions 
of  the  preceding  section,  when  such  destruction  or  injury  to  his 
property  was  occasioned,  or  in  any  manner  aided,  sanctioned  or 
permitted  by  him,  or  caused  by  his  negligence,  nor  unless  he 
shall  have  used  all  reasonable  diligence  to  prevent  the  same,  and 
shall  have  immediately  notified  the  mayor  of  the  city,  or  sheriff  of 
the  county,  after  being  apprised  of  any  threat  or  attempt  to  destroy 
or  injure  his  property  by  any  such  mob  or  riot.  Every  mayor  and 
sherifiF  receiving  such  notice  shall  take  all  legal  means  to  protect 
the  property  threatened  or  attacked;  and  every  such  officer  who 
shall  refuse  or  neglect  to  do  so  shall  be  liable  to  the  party  aggrieved 


323  MILWAUKEE   CITY   CHARTER.  CHAP. 

20 

for  the  damages  sustained  to  his  property  by  reason  of  such  mob 
or  riot,  if  such  party  shall  elect  to  bring  his  action  against  such 
officer  instead  of  against  such  city  or  county. 

(Sec.  3,  Ch.  211,  1863,  verbally  amended.) 

940.  Any  city  or  county  may  settle  with  and  pay  the  owner  of 
any  such  property  the  damages  so  sustained;  and  any  city  or  county 
which  shall  have  paid  any  sum  under  the  provisions  of  the  two 
preceding  sections,  or  upon  such  settlement,  may  recover  the  same, 
with  all  costs  paid  by  it  from  any  or  all  the  persons  engaged  in 
such  destruction  or  injury. 

(Sees.  6  and  7,  Ch.  211,  1863,  amended  to  enable  the  munici- 
pality to  recover  the  sum  actually  paid,  without  the  necessity  of 
proving  against  the  wrong-doer  that  it  was  not  cheated.  Sees.  2 
and  4  of  Ch.  211  are  omitted  as  entirely  unnecessary,  the  law  not 
being  doubtful  without  them.) 

SECTIONS  1339,  1339a,  1339b,  1339c. 

I,IABII,ITY  OF   CITY   FOR   INJURIES   FROM   DFFFCTIVF   HIGHWAYS. 

Recovery  for  damages  caused  by  defective  road. 

Section  1339.  If  any  damage  shall  happen  to  any  person,  his 
team,  carriage  or  other  property,  by  reason  of  the  insufficiency  or 
want  of  repairs  of  any  bridge,  sluiceway  or  road  in  any  town,  city 
or  village,  the  person  sustaining  such  damage  shall  have  a  right 
to  sue  for  and  recover  the  same  against  any  such  town,  city  or 
village;  but  if  such  damage  shall  happen  by  reason  of  the 
insufficiency  or  want  of  repairs  of  a  bridge,  sluiceway  or  road, 
which  any  county  shall  have  adopted  as  a  county  road,  and  is  by 
law  bound  to  keep  in  repair,  such  county  shall  be  liable  therefor, 
and  the  claim  for  damages  shall  be  against  the  county.  If  such 
damages  shall  happen  by  reason  of  the  insufficiency  or  want  of 
repairs  of  a  bridge  erected  or  maintained  at  the  expense  of  two  or 
more  towns,  the  action  shall  be  brought  against  all  the  towns  liable 
for  the  repairs  of  the  same;  and  upon  recovery  of  judgment,  the 
damages  and  costs  shall  be  paid  by  such  towns,  in  the  proportion 
in  which  they  are  liable  for  such  repairs;  and  the  court  may,  in 
its  discretion,  direct  the  judgment  to  be  collected  from,  or  issue 
execution  against  each  town  for  its  proportion  only.  No  such 
action  shall  be  maintained  against  any  county,  town,  city  or  village, 
unless  within  ninety  days  after  the  happening  of  the  event  causing 
such  damage,  notice  in  writing,  signed  by  the  party,  his  agent  or 
attorney,  shall  be  given  to  the  county  clerk  of  the  county,  a 
supervisor  of  the  town,  one  of  the  trustees  of  the  village,  or  mayor, 
or  city  clerk  of  the  city,  against  which  damages  are  claimed, 
stating  the  place  where  such  damage  occurred,  and  describing 
generally  the  insufficiency  or  want  of  repair  which  occasioned  it, 
and  that  satisfaction  therefor  is  claimed  of  such  county,  town,  city 
or  village. 

But  no  notice  given  under  the  provisions  of  this  section  shall 
be  deemed  invalid  or  insufficient,  solely  by  reason  of  any 
inaccuracy  or  failure  in  stating  the  time  or  in  describing  the 
place  and  the  insufficiency  or  want  of  repair;  provided,  it  shall 
appear  that  there  was  no  intention  to  mislead,  and  that  the 
party  entitled  to  notice  was  not  in  fact  misled  thereby. 


CHAP.  MILWAUKEE   CITY   CHARTER.  324 

20 

Limitation  as  to  recovery. 

Section  1339a.  (Ch.  454,  1885.)  In  any  action  brought  against 
any  county,  town,  city  or  village  under  the  provisions  of  section 
1339,  of  chapter  52,  of  the  revised  statutes,  the  amount  recovered 
by  any  person  for  such  damage  or  injury  shall  in  no  case  exceed 
the  sum  of  five  thousand  dollars. 

Primary  liability  for  damages — Parties. 

Section  1339;^.  (Sec.  1,  Ch.  471,  1889.)  Whenever  any  injury 
has  happened  or  shall  happen  to  any  person  or  property  in  any 
city  or  municipal  corporation  or  towns  by  reason  of  any  defect  in 
any  highway,  street,  alley  or  public  ground,  or  for  any  other  cause 
for  which  such  city  or  municipal  corporation  or  towns  would  be 
liable,  and  such  defect,  incumbrance  or  other  cause  of  such  injury 
shall  be  caused  by,  arise  from,  or  be  produced  by  the  wrong, 
default  or  negligence  of  any  person  or  corporation  or  towns,  such 
person  or  corporation  or  towns  so  guilty  of  such  wrong,  default  or 
negligence,  shall  be  primarily  liable  for  all  damages  arising 
from  such  injury;  but  such  city  or  municipal  corporation  or  towns 
may  be  sued  in  the  same  action  with  the  one  so  primarily  liable 
and  be  complained  against  as  if  primarily  liable.  If  said  city  or 
municipal  corporation  or  towns  shall  answer  that  it  is  not  prim- 
arily liable,  showing  who  is,  and  the  verdict  or  finding  shall  be 
that  it  is  liable,  but  not  primarily,  then  the  court  shall  enter  judg- 
ment for  the  amount  stated  in  the  verdict  or  finding  against  all  the 
defendants  against  whom  the  verdict  shall  be  found  or  the  finding 
shall  be  made;  but  the  court  shall  stay  execution  against  such  city 
or  municipal  corporation  or  towns,  until  execution  against  those 
found  to  be  primarily  liable  shall  have  been  returned  unsatisfied  in 
whole  or  in  part.  When  such  execution  shall  have  been  so 
returned,  then  such  judgment  may  be  enforced  against  such  city 
or  municipal  corporation  or  towns  for  whatever  amount  shall 
remain  uncollected  or  unpaid  thereon. 

Amendment  of  Complaint. 

Section  1339<:.  (Section  2.  ch.  471,  1889).  If  any  action  shall 
be  brought  against  any  city  or  municipal  corporation,  as  mentioned 
in  the  preceding  section,  and  such  city  or  municipal  corporation 
shall  answer  that  it  is  not  primarily  liable  therefor,  showing  who 
is,  and  the  person  or  corporation  thus  shown  to  be  so  primarily 
liable  shall  not  have  been  made  a  party,  the  plaintiff  may  amend 
as  provided  by  section  2834,  of  the  revised  statutes.  And  if  any 
action  shall  be  brought  against  any  person  or  corporation,  not 
making  such  city  or  municipal  corporation  a  party,  the  plaintifiF 
may  amend  in  like  manner  by  making  such  city  or  municipal 
corporation  a  party. 

SECTION    4986,    K.    S. 
RKI.ATING  TO   CHARTER   PROVISIONS. 

In  force  in  cities  and  villages. 

Section  4986.  All  the  laws  contained  in  these  revised  statutes 
shall  apply  to  and  be  in  force  in  each  and  every  city  and  village 
in  the  state  so  far  as  the  same  are  applicable,  and  not  inconsistent 
with  the  charter  of  any  such  city  or  village;  but  when  the 
provisions  of  any  such  charters  are  at  variance  with  the  provisions 
of  these  revised  statute,  the  provisions  of  such  charters  shall 
prevail,  unless  a  dififerent  intention  be  plainly  manifested. 


INDEX 


Index  to  City  Charter. 


ABANDONMENT,  of  proceedings 

ABSTRACT  of  title  to  be  furnished  by  claim- 
ant  

ACCOUNTS,  treasurer  to  keep,  of  city  money 

comptroller  to  audit 

comptroller  to  audit 

warrant  for,  when  issued 

verification  of 

reference  of 

of  city  officers,  annual  examination  oi 

comptroller  to  audit,  for  work  and 
materials    

of  park  commissioners,  how  audited. . 

treasurers,  of  fees,  etc 

clerks  and  attorneys,  of  money  re- 
ceived for  city 

ACTIONS,  to  abate  nuisance 

against  delinquent  officers 

on  bond  accompanying  proposals 

on  bond,  when  to  be  prosecuted 

against  contractors 

appeal,  only  remedy  on  street  opening 
assessments 

no,  at  law  for  change  of  grade 

when  do  not  lie  against  city  officers 

in,  to  set  aside  assessment,  court  may 
stay  proceedings 

when  court  may  cause  issue  to  be  made 
up 

after  trial,  court  may  require  plaintift 
to  pay  just  amount 

in  whose  name  certain,  to  be  brought. 

against  defaulting  city  officers 

to  set  aside  assessments  and  tax  deeds 

common  council  may  discharge  judg 
ment  by  two-thirds  vote 

inhabitants  or  freeholders  not  incom- 
petent to  act  as  judge,  juror  or  wit- 
ness   

pending,  to  be  prosecuted  by  corpora- 
tion     

service  in,  against  city;  how  m^e.  . 

no  appeal  bond  required  from  city. , 

jurisdiction  of  justices  of  the  peace  in 
city  cases 

change  of  place  of  trial  in  certain  cases 
ADJOURNMENT    of  common  council   lor 

want  of  quorum 

ADVERTISEMENTS  for  street  and   sewer 
work,  how  published 


Page. 


89 

89 
29 
35 
35 
35 
36 
57 
59 

70 
108 
225 

225 
59 
59 
66 
66 
69 

88 
127 
140 

142 

143 

144 
209 

225 
269 


279 

279 

279 

208 

281 
305 

37 

148 


Sec. 


16 

16 

6 

16 

17 

17 

18 

5 

9 

16 
5 
3 

3 

8 
9 
9 
9 
12 

15 

12 

3 

1 

2 

2 

1 

4 

34 


Chap. 


6 
3 
3 
3 
3 
3 
4 
4 

5 

179 

16 

16 
4 
4 
5 
5 
5 

6 

7 

479 

302 

302 

302 

147 

16 

18 

20 


20 

20 
20 
20 

20 
419 

4 

368 


328 


INDEX  TO  CITY  CHARTER. 


Page. 

Sec. 

Chap. 

AFFIDAVITS   of    publication    of    notices, 
ordinances,  etc 

33 

35 
36 
56 
77 
118 
13 
13 
14 
14 
14 

15 
15 

}? 

37 
37 

37 
37 
37 
37 

56 

57 

113 

133 
184 

212 

272 

272 

273 

273 

273 

274 

274 

275 

276 

43 

46 

46 

46 

57 
62 
64 

65 

76 

112 

129 

10 
14 

18 
4 
1 
6 
1 
3 
4 
4 
5 

5 

5 

10 
10 

2 
2 

2 
2 
2 
2 

4 
4 
1 

22 

1 
6   ■ 

1 

i 

2 
A 
5 

() 

6 

8 

JO 

313 
S30 
331 
332 

4 
2 
6 

8 

1 

1 

16 

3 

to  schedule  of  lots  subject  to  special 

tax 

to  claims  and  accounts 

3 
3 

of  publication  of  laws,  ordinances,  etc 

to  petitions  for  opening  streets 

to  petition  for  grading  streets 

ALDERMEN,  officers  of  city 

election  of 

4 
6 
7 
2 
2 

two  from  each  ward 

2 

when  elected,  and  term  of  office 

vacancies,  how  filled;  salary 

may  be   fined   for  non-attendance  at 

meetings  

fines  may  be  remitted 

to  act  as  inspectors  of  elections 

not  to  serve  as  such  when  candidate. . 
each,  one  vote  in  common  council .... 
five  may  call  special  meeting 

2 
2 

2 
2 
2 
2 
4 
4 

common  council  judge  of  election  of, 
etc 

4 

may  require  ayes  and  noes 

4 

may  be  punished,  fined  or  expelled. .  . 

may  be  compelled  to  attend  meetings. 

affirmative  vote  of  majority  elect,  nec- 
essary  to   pass    ordinances,   resolu- 
tions, etc 

4 

4 

4 

4 

may  recommend  ward  improvements, 
may    approve    resolution     for    street 

sprinkling 

to  appoint  school  commissioners 

to  act  as  officers  of  the  peace 

not  to  hold  any  other  elective  or  city 

office :  . . 

7 

12 
15 

19 

acceptance  thereof  vacates  seat 

not  to  vote  when  interested   

19 
19 

not  to  be  interested  in  jobs  or  contracts 
penalty  therefor                        

19 
19 

penalty  for  receiving  bribes 

19 

penaltv  for  offering  bribes  to .        

19 

investigation  of  charges  against 

shall  be  removed  for  false  certifying.  . 

ALT/EYS,  to  prevent  encumbering  of. 

regulation  of 

19 

19 

4 

4 

4 

opening,  vacating,  etc 

vote  necessary  to  change  grade;  pub- 
lishing proceedings    

4 
4 

profiles  of,  to  be  kept  by  engineer.  .  . . 

B.  O.  P.  W.  to  have  special  charge  of. 

permit   for  moving  houses  along  or 

across 

5 
5 

5 

common  council  may  lay  out,  widen, 
vacate,  etc.     See  "Streets." 

when  electric  light  corporations  may 
use 

cleaning   and    repairing    of,    payable 
from  ward  fund 

6 

192 

7 

INDEX  TO  CrTY  CHARTER. 


329 


ALLEYS,  abating  nuisance  in,  chargeable  to 

owners  of  lots 

ANIMALS,  prevention    and   punishment  of 

abuse  of 

impounding  of 

not  to  be  driven  on  sidewalks 

certain,    not    allowed    on     parks     or 

boulevards 

APPEAL,     from     assessment    on     opening 

streets 

costs  on 

the    only    remedy    for    damages    sus- 
tained   

from  assessment  for  street  work 

the  only  remedy  on  change  of  grade. 

from  re-assessment,  how  taken 

the  only  remedy 

from    assessments    for    laying    water 

pipe,  etc 

from  school  superintendent  to  school 

board  

no  bond  on,  necessary  in  cases  against 

city. 

APPLICANTS,  for  office,  examination  of. 
APPROPRIATIONS,  ayes  and  noes  on,  in 

common  council 

vote  on,  by  ayes  and  noes 

reference  of 

approval,  veto 

contract  not  to  exceed  the  sum  of. . .  . 

to  board  of  health 

APPROVAL,  of  ordinances,  resolutions,  etc. 

ASHES,  deposit  of 

ASSESSMENTS,  city  attorney  to  examine 

rolls 

comptroller  to  report  special 

when  no  claim  upon  city 

for  use  of  patented  articles 

certificates,  if  special  is  omitted     .... 
of  benefits  and  damages  on   opening 

streets,  notice  by  B.  O.  P.  W 

of  benefits  and  damages  against  lots.. 
B.  O.  P.  W.  to  examine  premises  and 

make 

balance  to  be  struck 

in  case  of  buildings  or  lien  on  lots. . . 

apportionment  of 

notice  of 

B.  O.  P.  W.  to  hear  objections  to 

review,  modify,  correct  and  report  to 

common  council 

confirmation    and    correction    of,    by 

common  council 

appeal  to  circuit  court 

excess  of,  to  be  charged  to  ward  fund. 

appeal  the  only  remedy 

when  and  how  payable 

for  construction  of  navigable  canals  . . 
of   benefits  and    damages    for    street 

work 


ige. 


131 

43 
43 
46 

309 

87 
88 

88 
126 
127 
141 
141 

170 

187 

280 
21 

37 
56 
57 
58 
70 

194 
58 

203 

29 
34 
74 

75 

76 

83 
83 

84 
84 
85 
85 
85 


86 

86 
87 
88 
88 
89 
116 

121 


I 
Sec.      I  Chap. 


18 


314 
317 


14 
14 

15 
11 
12 

6 

7 

19 


2 
4 
5 
7 

14 
5 
7 
2 


14 
21 
23 
24 

5 
6 

7 

8 

9 

10 

11 

12 

12 

13 
14 
14 
15 
16 
4 


4 

4 
4 

113 

6 
6 


7 

7 

479 

479 

10 

12 

20 
313 

4 
4 
4 
4 
5 

13 
4 

14 

3 
3 
5 
5 
4 

6 
6 

6 
6 
6 
6 
6 
6 


330 


INDEX  TO  CITY  CHARTER. 


ASSESSMENTS,  on  change  of  grade 

petitioners  not  entitled  to  compensa- 
tion  

notice  of,  by  B.  O.  P.  W.,  how  given.. 

correction  and  confirmation  of. 

appeal  to  circuit  court 

for  damages,  when  to  be  paid 

appeal  the  only  remedy 

certificates  to  be  given  for  amount  of.  . 

for  removal  of  snow  from  sidewalks. . 

against  lots  for  sprinkling  streets,  (see 
"Streets.") 

extension  of  payment  for  benefits,  how 
made 

application    for    extension;    what   to 
contain 

list  to  be  prepared 

may  be  paid  at  any  time 

annual  installment,  to  be  entered  on 
tax-roll 

property   fronting     on     street,    when 
exempt  from 

amount  of,  for  pavement,  limited 

notice  of,  when  and  how  given 

duplicate  to  be  filed  with  city  clerk. . . 

appeal  the  only  remedy   

to  be  a  lien  on  lands 

in  action  to  set  aside,  court  may  stay 
proceedings 

city  authorities  to  make  new 

plaintiff   testing    validity    of,    to   file 
objections 

when  no  special,  to  be  set  aside 

against  lots  for  sewers 

of  water  rates 

of  benefits  for  laying  water  pipe 

for  minor  water  pipe 

on  corner  lots  and  subdivisions 

apportionment  to  subdivisions 

reports  of,  to  be  filed  with  comptroller. 
ASSESSMENT    AND    COLLECTION    OF 

TAXES.     See  "Taxes" 
ASSESSORS,  ward,  officers  of  city 

salary  of,  |720 

to  have  powers  of  township  assessors. 

appointment;  term  of  office 

common    council    may     provide     for 
assistant 

duties  and  compensation  of  assistants 

vacancy,  how  filled 

duties  of 

members  of  board  of  review 

ASSISTANT  CITY   ATTORNEY,   appoint- 
ment of 

attorney  shall  be  responsible  for  acts  of 

may  fill  office  in  vacancy  of  attorney. 

salary  of,  1^2,400 

ATTENDANCE    of    members    of   common 

council,  how  compelled 

ATTORNEY,  officer  of  city 


1  Page. 

sec. 

.     122 

1 

8 

123 

8 

124 

9 

125 

9 

126 

11 

1  126 

11 

!  127 

12 

1  127 

13 

129 

15 

133 

23 

136 

1 

136 

2 

137 

2 

138 

4 

138 

5  1 

j  138 

6  ! 

138 

«  1 

140 

4 

141 

4 

141 

i 

142 

^ 

142 

1 

143 

1 

143 

1 

144 

3 

149 

10 

166 

12 

168 

15 

169 

16 

169 

17 

170 

18 

170 

19 

13 

1 

223 

1 

252 

] 

255 

6 

256 

1 

256 

1 

256 

8 

256 

9 

257 

12 

29 

5 

29 

5 

29 

5 

222 

1 

37 

2 

13 

1 

Chap. 


7 

7 
7 
7 
7 
7 
7 
7 

7 

310 

310 
310 
310 

310 

310 
310 

479 
479 
479 
479 

342 
342 

342 
342 

8 

10 
10 
10 
10 
10 
10 


2 
16 

18 
18 

328 

328 

18 

18 

18 

3 

3 

3 

16 

4 
2 


INDEX  TO  CITY  CHARTER. 


331 


ATTORNEY,  election  and  term  of  office  . . 

duties  of. 

may  appoint  an  assistant 

vacancy,  how  filled 

to  approve  form  of  bonds  for  printing 

to  approve  bonds  and  contracts 

to  prepare  notice  for  street  opening 
cases 

to  approve  bond  of  secretary  of  park 
commissioners 

to  report  absent  jurors  to  police 

to  approve  sewer  contracts 

ex-officio  trustee  of  relief  associations 

salary  of,  ^,000 

salary  of  assistant,  $2,400 

shall  keep  and  render  account  of  city 
money  received 

penalty  for  neglect  or  violation 

AUCTIONS,  ringing  of  bells 

regulation  of 

regulating  auctioneers 

AYES  AND  NOES,  in  common  council 

on  passage  of  ordinances  and  appro- 
priations   

on  change  of  grade 

on  veto  message 

on  resolution  for  taking  lands  for 
public  purposes 

on  resolution  for  opening  streets  with- 
out petition 

on  resolution  for  grading 


Page. 


B 

BAIvL,  regulating  playing  of 

BALLOT,  all  elections  to  be  by 

BARNS,  regulating  cleaning  of 

regulating  use  of  lights  in 

BATHING,  regulation  of 

BEGGARS,  punishment  of 

punishment  of.    

BELLS,  prevent  ringing  of 

BENCH    MARKS,    record    to   be   kept    by 

engineer 

BENEFITS,  for  opening  streets,  shall  be  a 

lien  on  property 

BENEFITS  AND  DAMAGES,  (see  "Assess- 
ments.") 
BIDS,   for   city   printing,   when    made   and 
opened  

clerk  to  transmit  to  common  council.. 

for  city  work,  B.  O.  P.  W.  may  reject. 

incompetent  bidders 

w^ork  to  be  let  to  lowest  bidder 

exceptions 

on  incidental  printing 

for  street  sprinkling 

for  construction  of  sewers 

for  construction  of  private  drains. . . . 
BILLIARD  TABLES,  regulation  of 


13 
29 
25 
25 
32 
70 

81 

108 
112 
152 
219 
222 
222 

225 
225 
44 
47 
47 
37 

5B 
57 
59 


95 
119 


44 
16 
41 
42 
43 
43 
54 
45 

61 

89 


31 

31 

67 

67 

70 

70 

71 

132 

147 

155 

40 


3 

2 
15 
8 
1 
1 


3 

4 

321 

339 

340 

2 

4 
4 


2 
26 


321 

8 

36 

311 

315 

316 

360 
328 

2 
16 


10 
10 
16 
16 
17 
22 

8 
22 

32 


Chap. 

2 
3 
3 
3 
3 
5 


179 

198 

8 

137 

16 

16 

16 
16 
4 
4 
4 
4 

4 
4 
4 


332 


INDEX  TO  CITY  CHARTER. 


BIRTHS,  registration  of 

report  of,  given  register  of  deeds 

certificates  of,  record  to  be  made 

of  children  to  be  reported , 

failure  to  report,  a  misdemeanor 

record  book  of 

BOARD   OF   FIRE   AND    POLICE   COM 
MISSIONERS.     See  ' '  Fire  and  Police 

Commissioners  " 

BOARD  OF  HEALTH,  see  "  Health  " 

BOARD  OF  PUBLIC   DEBT,    see    "Public 

Debt" 

BOARD  OF  PUBLIC  WORKS,  see  "  Public 

Works  " 

BOARD  OF  REGISTRY,  see  "  Elections  ".. 

BOARD  OF  REVIEW,  see  "  Taxes  " 

BOARD  OF  SCHOOL  COMMISSIONERS, 

see  ' '  Schools  " 

BONDS    of   city     officers,     bow    executed, 

approved  and  deposited 

by  board  of  public  works 

water  registrar  shall  give 

water  bonds,  how  issued 

water  bonds,  how  disposed  of 

water,  commissioners  public  debt  not 

to  be  abolished 

water,  annual  tax  to  be  levied  to  pay 

same 

water,    to    be    cancelled    by    amount 

sinking  fund 

water,  to  be  cancelled  when  paid .... 
water,  not  to  be  sold  below  par  value 

tax  commissioner  to  give 

tax  to  be  levied  to  pay  interest  and 

principal  of 

tax  to  pay,  how  levied | 

inspector  of  buildings  shall  give ' 

city  attorney  to  draw | 

to  accompany  bids  for  city  printing. .  .  i 
to  accompany  proposals  for  city  work.' 

to  be  prosecuted  when ! 

to  be  approved  by  city  attorney 

on  appeal  from  assessment  of  benefits 

and  damages j 

of  indemnity  on  payment  of  damages.] 
on  appeal  from  assessment  for  street 

work 

on  application  for  use  of  water  from 

city  works i 

to  be  given  by  insurance  agents \ 

by  tax  payer  in  suit  against  defaulting 

city  officer 

city  not  required  to  give,  on  appeal.  . 

of  city,  execution  and  form  of j 

comptroller  to  keep  account  of i 

negotiation  of i 

aggregate  funded  debt  limited { 

bonds  void  when  public  debt  exceeded 

(See  "Public  Debt.")  \ 

city  may  issue,  for  what  purposes  .... 


Page. 


45 
201 
201 
201 
201 
202 


214 
193 

177 

60 

18 

252 

184 

27 

63 

171 

175 

175 

175 

176 

176 
176 
176 
253 

240 
252 
284 
29 
31 
65 
66 
70 

87 
88 

126 

173 
206 

226 

280 
178 
178 
178 
178 
178 

233 


Sec. 


324 

3 
4 

5 
5 
6 


/ 

8 
9 
2 

6 
5 
1 
5 
9 
9 
9 
13 

14 
16 

11 

22 

7 


INDEX  TO  CITY  CHARTER. 


333 


BONDS,  how  numbered,  accounted,  etc 

how   signed,    when   and   where    pay- 
able, etc 

annual  tax  for  interest 

cancellation  of 

when  to  cease  to  draw  interest 

how  interest  may  be  met 

retiring  of  railroad  bonds 

limiting  bonds 

(See  "Public  Debt.") 

issue  of  Milwaukee  river  dam  bonds 
authorized 

how  signed,  etc 

to   be  delivered   to  commissioners  of 
public  debt 

of  secretary  of   park   commissioners, 
how  fixed 

for  city  printing,  how  given 

for  street  improvements  when  issued, 
form  of .-^ 

to  be  first  lien;   when   may   be   fore- 
closed  

issuance   of,    conclusive     evidence   of 
regularity 

sewerage  district  may  be  issued,  when.. 

form  of 

direct   tax   to   be   levied   to   pay,  and 
interest 

not  to  be  issued  in  excess  of  constitu- 
tional limit 

common    council     may    issue    water 
bonds 

city  hall,  authorized 

how  issued 

how  disposed  of 

to  be  cancelled 

when  paid,  to  be  stamped  "cancelled." 

not  to  be  sold  below  par 

public  park,  how  issued,  etc 

library  and  museum,  how  issued,  etc.. 

park  bridge 

for  what  purposes  may  be  issued 

ordinance  authorizing  to  be  adopted 
by  three-fourths  vote 

execution  and  disposal  of 

what  to  show ^ 

powers  of  common  council  with  refer 

ence  to 

BOOKS,  certified  copies  of,  in  clerk's  ofiice 
to  be  evidence.     See  "Evidence.".. 

of  justices  to  be  delivered  to  successor 

to  be  delivered  to  successor  in  office. . 
BOUNDARIES  of  city 

of  ward 

of  election  districts 

BOWLING  ALLEYS,  regulation  of 

BREAD,  regulating  sale  of. 

BREWERIES,  regulation  of 

regulation  of  brewers 

BRIDGES,  control  of. 


Page. 


233 

234 
234 
236 
236 
237 
238 
238 


306 
306 

.307 

137 
31 

137 

138 

138 
157 
157 

157 

158 

175 
239 
239 
239 
240 
240 
240 
241 
242 
2-14 
250 

250 
251 
251 

251 


16 

34 

6 

7 

15 
40 
47 
41 
47 
46 


Chap. 


3 
4 
10 
11 
14 
15 
18 


17 
17 
17 
17 
17 
17 
17 


447 
447 

447 

310 
3 

310 

310 

310 
224 
224 

224 

224 

90 
91 
91 
91 
91 
91 
91 
92 
93 
120 
311 

311 
311 
311 

311 


4 

3 

6 

2 

11 

3 

2 

3 

62 

32 

336 

37 

340 

332 

334 


INDEX  TO  CITY  CHARTER. 


BRIDGES,  construction  of 

over  ravines 

speed  of  vessels  passing 

acts  prohibiting  erection  of,  repealed. 

bonds  for  construction  and  repairs  of, 
may  be  issued 

plans  to  be  kept  by  engineer 

B.  O.  P.  W.  to  have  special  charge  of. 

location  of  swing  bridges 

location  of  stationary  bridges 

common  council  may  authorize  by  two- 
thirds  vote 

plans,  bids  and  contracts  for 

preservation  of 

prosecution  for  damages  to 

tenders  of.,  officers  of  city 

appointment  and  approval  of 

may  exercise  powers  of  policemen  . 

BRIDGBTENDERS,  officers  of  city 

BUILDINGS,  inspection  of  material 

numbering  of 

construction  of,  how  regulated 

regulating  height  of  public  buildings 

B.    O.  P.    W.    may  issue   permits   for 
moving  of 

may  permit  material  on  streets 

assessment  for,  on  opening  streets.  . 

inspector  of,  see  "Inspector  of  Build- 
ings " 

BUTCHERS,  regulation  of 

BUTTER,  regulating  sale  of 

BURIAIv,  regulation  of 


Page. 


CABMEN,  regulation  of 

CANADA  THISTIvE,  removal  of. 

destruction  of 

removing,  chargeable  to  ward  fund 

CANAIvS,  opening  of,   in    Menomonee   and 

Kinnickinnic  valleys 

dredging  of,  fifty  feet  chargeable   to 

lots 

authority   of  board   of  public  works 

over 

dredging  of  middle  ground 

construction  of,  chargeable  to  lots. . . . 
common  council  may  order  construc- 
tion of 

apportionment  of  costs  of  construction 

petitions  for  construction 

docking  and  dredging,  when  charge- 
able to  city 

docking  and  dredging  of. 

in  jurisdiction  of  city 

common  council  may  establish  dock 

lines 

CANDLES,  regulating  use  of 

CARAVANS,  regulation  of 

CARCASES,  removal  and  destruction  of. ...  ' 


53 

53 

54 

163 

250 

62 

64 

159 

161 

161 

162 

162 

162 

13 

159 

211 

13 

50 

50 

55 

55 

65 
65 

85 

284 
42 
42 
45 


43 

51 

51 

132 


115 

116 
116 
116 

116 
117 
117 

117 

117 

42 

159 
42 
40 
45 


Chap. 


3-w 
354 

356 
1 

16 

2 
6 
6 

7 

8 

9 
10 
10 

1 

5 

4 

1 

342 

350 


1 

39 
39 
324 


351 
351 
21 

30 

3 

3 
3 
3 

4 
4 
4 

5 
5 
37 

3 

3" 

33 


INDEX  TO  CITY  CHARTER. 


335 


Page. 

Sec. 

Chap. 

CARDS,  regulating  playing  of 

CARMKN   regulation  of 

41 
44 
44 
43 
46 
41 

10 

45 

11 

187 

34 
31 
34 

35 

75 

76 

125 

127 
141 
128 
151 
155 
227 
259 
263 
142 
143 
144 
201 
3 
250 

324 

241 

244 

203 

211 

53 

55 

55 

55 

40 

46 

314 

5 

5 

6 

6 

6 
13 

34 

320 

320 

317 

333 

36 

4 

325 

4 

8 

13 

9 
14 

14 
23 
24 
10 

13 
5 

14 
14 

20 

1^ 

24 
8 
2 
3 
4 

U 

12 
12 

i 

359 

362 
360 
363 
33 
334 

1 
1 

1 
1 

2 

1 
1 

4 

4 

CART  MEN   regulation  of. 

4 

CATTI^E,  impounding  of 

not  to  be  driven  on  sidewalks 

4 
4 

CELIvAR,  cleansing  of 

4 

CEMETERY  ASSOCIATIONS,  not  aflfected 

by  charter 

CEMETERY,  providing  grounds  for 

water  and  sewer  service  may  be  fur- 
nished                           

1 
4 

1 

CENSUS,  by  secretary  of  school  board 

CERTIFICATES,    comptroller   to   counter- 
si  o-n          

12 
3 

of  deposit,  to  accompany  printing  bids. 

3 
3 

to  be  reported  to  the  common  council, 

3 

for  use  of  patented  articles 

5 

if  special  assessment  is  omitted 

in  payment  for  street  work 

5 

contractor  shall  receive,  in  payment  for 
work 

contractor  to  receive,  in  payment 

in  case  of  sub-division  of  lots      

479 

7 

for  sewers   how  signed         

8 

for  private  drains         .  .             

8 

receivable  for  special  taxes             .  .    . . 

17 

of  clerk,  of  comparison  of  tax  rolls. , . 

of  sales,  for  delinquent  taxes 

for  special  assessments,  how  issued . . . 
actions  to  set  aside    

18 

18 

479 

302 

when  not  to  be  set  aside 

302 

of  birth   record  to  be  made       

232 

CHARTER  OF  CITY 

CHARTER,  certain  provisions  not  to  apply 
certain  provisions  to  prevail  over  gen- 
eral statutes  inconsistent  therewith, 
certain  provisions  of,  not  to  apply  to 

contract  for  building  city  hall 

certain  provisions  of,  not  to  apply  to 
contract  for   building    library    and 
museum 

122 

91 
93 

CHIEF   ENGINEER  of   fire    department. 

See  ' '  Fire  Department  " 

CHIEF  OF  POLICE,  see  "  Police" 

CHILDREN,  providing  for  destitute 

CHIMNEYS,  regulating  construction  of 

CHURCHES,  punishment  for  disturbing. . . 
regulating  construction  of. 

14 
15 
4 
4 
4 
4 

CIRCUSES,  regulation  of.    

4 

CISTERNS,  establishment  of 

4 

CITIES,  division  of  into  classes 

238 

CITY,  charter  of 

1 

incorporation  of 

1 

charteis  are  public  acts    

1 

boundaries  of 

1 

authorities  of,  authorized  to  construct 
breakwater    

1 

officers  of. 

2 

336 


INDEX  TO  CITY  CHARTER. 


CITY,  to  be  divided  into  election  districts. , 

to  be  divided  into  election  districts.  .  . 

divided  into  sewerage  districts 

school  buildings  to  be  the  property  of. 

public  property  vested  in 

may  acquire  and  hold  property 

may  employ  veterinary  surgeon 

authorized  to  build  and  maintain  via- 
duct  

franchises  and  property  of  Rock  River 
Canal  Co.,  to  be  conve3'ed  to 

liability  of,  for  injuries  by  mob 

liability  of,  for  defective  highways.  . . 
CITY  ATTORNEY,  see  "Attorney." 
CITY  CIvERK,  see  "Clerk." 
CITY  COMPTROIvIvER,  see  "Comptroller." 
CITY  ENGINEER,  see  "  Engineer." 
CITY  GOVERNMENT,  general  powers  of, 

vested  in  Common  Council 

CITY  HAIvIv,  bonds  may  be  issued  for 

CITY  SERVICE  COMMISSIONERS,  how 
appointed,  and  term  of  office  of. . . 

three,  constitute  quorum 

vacancy  in  office,  how  filled 

not  more    than   two  to    be  of  same 
politics 

shall  hold  no  lucrative  office 

shall  take,  suscribe  and  file  oath 

shall  serve  without  compensation  .... 

shall  make  rules  for  examination  of 
applicants 

may  appoint  chief  examiner 

shall  fix  his  salary 

may  incur  expenses 

shall  control  examinations 

to  keep  register 

what  notice  to  be  given 

shall  report  to  mayor  by  March  15, 
each  year 

city  officers  to  aid 

all   appointments  to    be    certified   to 

comptroller 

CITY  TREASURER,  see  "Treasurer." 
CIVIIy  SERVICE,  law  creating  commission. 

rules  governing 

CLERK,  officer  of  city 

to  hold  office  for  term  of  election 

to  notify  officer  when  elected 

to  give  notice  of  time  of  elections 

official  bonds  to  be  deposited  with 

to  execute  official  bond 

election,  term  of  office  and  duties  of.  . 

may  administer  oaths 

to  advertise  for  proposals  for  printing. 

to  transmit  proposals  to  council 

certified  copies  of  papers,  etc.,  to  be 
evidence 

when  to  re-advertise  for  printing  bid. . 

to  furnish  comptroller  list  of  claims. . 

may  appoint  deputy 


Page. 

15 
16 

144 
185 

280 
281 
280 

303 

305 
322 
323 


13 
250 

20 
20 
20 

20 
20 
20 
20 

21 
22 
22 
22 
22 
23 
23 

23 
23 

24 

20 
21 
13 

16 

18 
13 
27 
27 
28 
28 
30 
31 


Sec. 

61 
9 
1 
4 
10 
11 


8 

9 

11 

10 

13 
14 

17 

1 
1 
1 
7 

12 
2 
1 
1 
4 
4 
9 
9 


28 

4 

33 

9 

35 

17 

36 

20 

INDEX  TO  CITY  CHARTER. 


337 


CIvERK,  to  record  laws,  ordinances,  etc.  .  . . 

to  present  ordinances,  etc.,  to  mayor.. 

annual  examination  of  accounts  

to  cause  notice  of  application  for  tak- 
ing lands  for  public  purposes  to  be 
given  to  owner 

notice  of  appeal  to  be  filed  with  the 
clerk 

to  sign  jDonds  to  be  issued  by  city 

salary  |2,500 

salary  of  deputy  |1,800 

to  sign  salary  warrants 

shall  keep  and  render  account  of 
moneys  received 

penalty  for  neglect  or  violation.. . 

to  sign  city  orders 

to  present  list  of  unclaimed  city  orders 

to  be  member  of  board  of  review. 

shall  file  and  preserve  tax  assessment 
rolls 

shall  examine  and  perfect  tax  assess- 
ment rolls 

to  sign  tax  warrants 

to  compare  tax  rolls  and  certify  the 
same 

to  make  roll  for  state,  county  and 
school  taxes 

special  assessment  list  to  be  filed  with. 

duplicate  assessment  list  to  be  filed  in 
office  of 

to  lay  duplicate  assessment  list  before 

council 

CLERK  OF  MUNICIPAL  COURT,  comp- 
troller to  examine  books  of 

CLERKS  OF  ELECTION,  see  "  Elections  ". 

COAL,  regulating  weight  and  sale  of. 

COCK  FIGHTING,  punishment  of 

COMMERCE,  rules  for 

COMMISSIONERS,  park,  see  "Parks".... 

fire  and  police,  see  "Fire  Depart- 
ment "  or  "  Police  Department  "... 

of  "  Public  Debt,"  officers  of  city  .... 

of  noxious  weeds,  see  ' '  Weeds  " 

city  service,  see  "  City  Service  " 

COMMITTEE,  reference  to,  of  ordinances, 

etc 

COMMON  COUNCIL 

may  change  ward  boundaries,  when. . 

two  aldermen  from  each  ward  con- 
stitute     

may  authorize  additional  officers  and 
agents 

shall  designate  time  and  place  of  elec- 
tions  

organization 

may  impose  and  remit  fines  upon 
members 

to  appoint  necessary  city  officers 

may  divide  wards  into  election  pre- 
cincts  


Page. 

Sec. 

56 

4 

58 

7 

59 

9 

78 

3 

87 

14 

178 

4 

222 

1 

222 

1 

225 

2 

225 

3 

225 

4 

226 

1 

231 

12 

257 

12 

258 

13 

258 

14 

259 

15 

259 

16 

271 

37 

137 

7 

141 

4 

141 

4 

35 

16 

47 

338 

55 

360 

38 

3 

104 

•• 

13 

i 

51 

20 

57 

5 

13 

1 

11 

13 

1 

13 

1 

13 

2 

14 

4 

14 

5 

16 

7 

16 

9 

Chap. 

4 
4 


6 
11 
16 
16 
16 

16 
16 
17 
17 
18 

18 

18 
18 

18 

18 
310 

479 

479 

3 

4 

4 

4 

488 


4 
2 

309 

2 
2 

2 

2 

2 
2 


338 


INDEX  TO  CITY  CHARTER. 


Page. 


COMMON    COUNCIL    to   canvass   election 
returns,  when 

to  fill  vacancies 

when  new  or  special  election  discre- 
tionary with 

to   order  special   election    for  mayor, 
when.     See  "  Elections  " 

may  direct  officers  to  give  bonds 

election  of  president  of    

president  of.  when  to  act  as  mayor .  . . 

election  of  clerk 

clerk  to  keep  record  of  proceedings  of 

committees  of,  may  inspect  attorney's 
docket 

may     require     additional    duties     of 
officers  

may  appoint  and  dismiss  officers  and 
fix  compensation 

shall  direct  clerk  to  advertise  for  print- 
ing bids 

shall  designate  official  papers,  how. . . 

to  fix  price  of  printing,  when 

may  reject  publication  bids,  when .... 

proceedings  of,  to  be  published 

may  direct  re-ad vertisemeut  when .... 

to  levy  special  tax 

may  direct  duties  of  comptroller 

general  powers 

municipal  government  vested  in 

to  hold  stated  meetings 

special  meetings,  how  called 

to  determine  rules  for  its  government. 

majority  of  members  elected  to  con- 
stitute quorum 

sessions  to  be  open  and  record  kept  . . 

each  member  entitled  to  one  vote 

ayes  and  noes 

judge  of  qualifications  of  its  members. 

compulsory  attendance,  fines,  etc 

elections  and  confirmations 

continuating  body,  unfinished  pending 
business  does  not  lapse 

local  committees 

to  control   finances  and    property  of 
city 

rules,    regulations,    etc.,    for    govern 
ment  of  city .... 

may  impose  penalties  for  violation  of 


Sec. 


may   regulate  groceries,   taverns,    sa 

loons,  etc 

may  regulate  sale  of  liquor  and  grant 

licenses 

may  license  billiard,  pool  and  pigeon 

tables 

may  license  and  regulate  shows  and 

exhibitions 

may  confer  on  mayor  power  to  grant 

and  revoke  licenses 


18 
19 

19 

20 

27 

28  . 
28 
28 
28 

29 

30 

30 

30 
32 
32 
33 
33 
33 
35 
35 
36 
36 
36 
36 
37 

37 
37 
37 
37 
37 
37 
37 

37 
37 

38 
38 
38 

38 

39 

39 

40 

40 

40 


12 
13 

13 

17 
1 
3 
3 
4 
4 


9 

9 

9 
14 
16 

i 

2 
2 
2 

2 
2 
2 
2 
2 
2 
2 

2 

2 

3 
3 
3 

3 

31 

31 


INDEX  TO  CITY  CHARTER. 


339 


COMMON  COUNCIL  may  restrain  or  pro- 
hibit gaming,  playing  cards,  etc 

may  prevent  riot,  suppress  disorderly 
houses,  etc 

compel  unwholesome  places  to  be 
cleaned 

regulate  breweries,  tanneries,  etc 

establish  and  regulate  public  markets. 

regulate  butchers,  sale  of  meat,  vege- 
tables, etc 

locate  houses  for  storing  gunpowder.  . 

regulate  and  restrain  keeping  of  same. 

regulate  use  of  firearms  and  fireworks 

prevent  encumbering  of  streets 

prevent  horse  racing  and  fast  driving 
on  streets 

regulate  bathing  and  swimming 

restrain  and  punish  vagrants  and 
beggars 

impounding  cattle,  horses,  etc 

prevent  dogs  running  at  large  and 
destruction  of  same 

license  dogs 

license  hacks,  drays,  etc 

regulate  hoops,  kites,  ball,  etc 

regulate  and  prevent  contagious 
diseases 

abate  nuisances 

registration  of  births  and  deaths 

abate  common  law  nuisances 

regulate  removal  of  putrid  carcases . . . 

erect  pest  houses,  hospitals,  etc 

prevent  ringing  of  bells,  etc 

regulate  steam  whistles 

control  streets  and  alleys  and  sprink- 
ling of  same 

remove  snow,  ice,  dirt,  rubbish,  etc  . . 

control  streets,  bridges,  alter  grades, 
etc 

power  of,  to  vacate  streets  and  alleys 
exclusive 

prevent  driving  animals  on  sidewalks. 

establish  pounds,  wells,  water  works, 
etc 

erect  lamps,  light  streets,  etc 

regulate  sale  of  bread 

regulate  weights  and  measures 

regulate  weighing  and  sale  of  hay,  ice, 
wood,  etc 

regulate  public  auctions 

license  vehicles  and  occupations 

regulate  keeping  of  lumber  yard,  etc. 

regulate  sale  of  lumber,  etc 

regulate  sale  of  fish 

regulate  inspection  of  liquors 

provide  for  inspection  of  steam  en- 
gines and  boilers 

appoint  inspectors,  weighers  and 
gangers 

establish  public  pounds 


Page. 


41 

41 

41 
41 
42 

42 
42 
42 
42 
43 

43 
43 

43 
43 

44 
44 
44 
44 

44 
44 
45 
45 
45 
45 
45 
45 

46 
46 

46 

46 
46 

46 
46 
47 
47 

47 
47 
47 
50 
50 
50 
50 

50 

50 
50 


Chap. 

4 
4 


37 

38 
39 

310 

311 
312 
313 

314 
315 

316 
317 

318 

319 
320 
321 

322 
323 
324 
325 
326 
327 


330 
331 


333 

334 
335 

336 

337 


339 
340 
341 
342 
343 
344 

345 

346 
347 


340 


INDEX  TO  CITY  CHARTER. 


COMMON  COUNCIIv,  regulate  locomotives 
railway  tracks  and  cars , 

appoint  watchmen  and  policemen  .... 

regulate  numbering  of  houses 

remove  Canada  thistles  and  other 
weeds. 

impose  fines  for  violation  of  law 

regulate  planting  of  trees  in  streets. . 

erect  bridges  over  rivers  and  ravines. 

regulate  use  of  harbor 

regulate  speed  of  vessels  passing 
bridges 

regulate  lake  piers  and  wharves, . 

regulate  river  piers  and  lease  wharves 

provide  for  destitute  children 

punish  vagrants,  swindlers,  etc 

regulate  carrying  of  concealed  wea- 
pons  

regulate  construction  of  buildings, 
chimneys,  etc 

regulate  construction  of  halls,  thea- 
tres, etc 

require  police  to  take  charge  of  public 
grounds;    enforce  pound  ordinances 

provide  for  erection  of  guards  for 
turf 

has  control  of  its  records  and  papers. 

passage  and  publication  of  laws  and 
ordinances 

vote  on  change  of  grade 

reference  of  ordinances,  etc 

reconsideration  of  vote 

proceedings  on  veto  message 

to  examine  accounts  of  city  officers  . . 

may  require  officers  to  exhibit  books, 
accounts,  etc 

may  order  suits  against,  if  delinquent 

to  designate  place  for  engineer's  office 

to  fix  salary  of  engineer  and  commis- 
sioners of  public  works 

may  regulate  number  and  salaries  of 
employes  of  board  of  public  works. 

shall  designate  place  for  B.  O.  P.  W. 
office 

contract  for  incidental  printing 

may  dispense  with  contract  by  three- 
fourths  vote 

resolution  for  work,  inoperative,  when 

may  lay  out  public  grounds,  squares, 
streets,  etc 

may  open  public  street  or  alley  when . 

may  direct  plat  and  survey  to  be  made 

to  confirm  report  of  street  jury 

duty  of,  when  member  of  B.  0.  P.  W. 
is  interested  in  proceeding  for  open- 
ing streets,  etc 

may  extend  time  for  making  report  of 
assCvSsments 

assessments  to  be  laid  before 

reference  of  report  of  assessment. 


Page. 

Sec. 

Chap. 

50 

348 

4 

50 

349 

4 

50 

360 

4 

51 

351 

4 

53 

352 

4 

53 

353 

4 

53 

354 

4 

53 

355 

4 

54 

356 

4 

54 

357 

4 

54 

358 

4 

54 

359 

4 

54 

360 

4 

55 

361 

4 

55 

362 

4 

55 

363 

4 

55 

364 

4 

56 

365 

4 

38 

2 

4 

56 

4 

4 

57 

4 

4 

57 

5 

4 

58 

6 

4 

58 

7 

4 

59 

9 

4 

59 

9 

4 

59 

9 

4 

61 

2 

5 

62 

3 

6 

62 

3 

5 

63 

4 

5 

71 

17 

' 

71 

18 

5 

72 

19 

5 

77 

1 

6 

78 

2 

6 

78 

3 

6 

83 

5 

6 

83  • 

5 

6 

86 

12 

6 

86 

13 

6 

86 

13 

6 

INDEX  TO  CITY  CHARTER. 


341 


COMMON  COUNCIL  may  take  and  acquire 
lands  for  use  in  laying  pipe 

may  vacate  highways,  streets,  etc. . . . 

may  change  direction  of  streets,  alleys, 
etc 

may  take  and  acquire  lands  for  use  in 
laying  pipe 

may  vacate  canals  or  slips 

maps  of  plats  to  be  approved  by 

park  commissioners  to  make  annual 
report  to 

to  provide  park  and  boulevard  fund  .  . 

interest  on  park  lands,  to  be  included 
in  annual  estimate 

may  order  docking  and  dredging  of 
rivers 

resolution  for  street  work  without  peti- 
tion   

confirmation  or  correction  of  assess- 
ment rolls 

may  keep  sidewalks  clear  of  snow  and 
ice 

may  appoint  officer  to  keep  sidewalks 
clear 

abatement  of  nuisances  from  private 
property 

may  make  contract  for  removal  of 
weeds 

shall  order  advertisement  for  street 
sprinkling 

power  to  order  planting  of  trees  upon 
petition 

may  cause  streets  to  be  sprinkled,  how 

may  provide  for  purchase  of  street 
sprinkling  tanks 

may  direct  marsh  lands  to  be  filled  up 

may  confirm  or  correct  assessments  or 
refer 

may  ratify  or  condemn  sewerage  plan 

sewerage  plan  may  be  changed 

report  of  B.  O.  P.  W.  of  sewers  neces- 
sary   

may  approve  or  alter  report 

to  direct  levy  of  tax  for  sewerage  fund 

may  levy  special  tax  in  Bay  View 
sewerage  district 

may  levy  special  tax  in  south  sewerage 
district 

may  divide  city  into  sewerage  districts 

may  levy  special  tax  in  sewerage  dis- 
tricts   

issue  sewer  district  bonds 

shall  levy  annual  tax  for  sewer  district 
bonds 

to  establish  dock  and  wharf  lines  along 
rivers 

may  provide  for  construction  of  bridges 

may  construct  stationary  bridges 

to  approve  plans  for  construction  of 
bridges 


Page. 

Sec. 

99 
93 

22 

93 

23 

95 
97 

98 

26 
30 
31 

108 
108 

5 
6 

109 

8 

116 

4 

118 

6 

124 

9 

129 

1 

130 

1 

131 

18 

132 

21 

132 

22 

134 
134 

25 

1 

135 
139 

26 

1 

141 

146 
146 

.  4 
5 
6 

146 
146 
151 

7 
13 

156 

1 

157 
157 

1 
1 

157 
157 

1 
2 

157 

4 

159 
159 
161 

3 

6 

8 

162 

9 

Chap. 


250 
6 


6 
6 
6 

179 
179 

179 

7 

7 

7 

374 

374 

7 

7 

7 

7 
226 

7 
479 

479 

8 


89 
224 

224 
224 

224 


342 


INDEX  TO  CITY  CHARTER. 


Page. 


COMMON  COUNCIL  to  construct  bridge  on 
Buffalo  street 

preservation  of  bridges 

quarterly  reports  of  water  fund  by 
B.  O.  P.  W 

to  approve  rules  and  regulations  for 
control  of  water  works 

to  pass  protective  ordinances  for  water 
work 

may  issue  city  water  bonds 

shall  levy  tax  to  pay  interest  and  prin- 
cipal of  bonds 

levy  of  interest  and  sinking  fund  cer- 
tified by  commissioners  of  public 
debt 

interest  and  sinking  fund  not  under 
control 

may  remove  school  commissioners  . . . 

to  erect  and  repair  school  buildings. . . 

resolutions  for  purchase  of  property 
for  school  purposes 

levy  of  taxes  for  support  of  public 
schools 

appropriations  to  health  department. . 

to  levy  expenses  of  board  of  health. . 

provide  for  compensation  of  health 
oflScers 

may  define  duties  of  commissioners  of 
health 

may  prescribe  fire  limits 

powers  to  prevent  fires,  (See  "Fire 
Department.") 

may  detail  police  for  special  duty 

to  prescribe  duties  of  policemen 

control  of  city  funds 


to  provide  for  payment  upon  pay-rolls 

levy  for  general  city  fund 

levy 'for  contingent  fund 

levy  for  special  sewerage  fund 

levy  for  ward  fund 

levy  for  school  fund 


levy  for  different  funds 

levy  not  to  exceed  estimates 

to  make  annual  budget 

increase  of  same  by  three-fourths  vote 

contingent  fund,  how  appropriated 

shall  designate  city  depository 

interest  on  city  deposits 

may  change  depositories 

may  borrow  money  in  anticipation  of 

taxes  

may  provide  for  advance  payment  of 

taxes 

cancellation  of  unclaimed  city  orders, 
to  levy  tax  forinterest  and  sinking  fund 

may  issue  city  hall  bonds 

may  issue  park  bonds 

may  issue  library  and  museum  bonds, 
may  issue  park  bridge  bonds 


161 
162 

165 

166 

168 
175 

176 

181 

181 
185 
185 

185 

189 
194 

198 

198 

198 
203 


211 
211 

226 
226 
227 
227 
227 
228 
228 
227 
228 
228 
229 
229 
229 
229 
230 
230 

230 

231 
231 
234 
239 
241 
242 
244 


Sec.   Chap. 


10 


11 

14 
1 


16 

5 

15 


2 
3 
3 
5 
6 
9 
10 

11 

11 

12 

6 

1 

1 
1 

1 


INDEX  TO  CITY  CHARTER. 


343 


COMMON  COUNCIL  may  issue  bonds,  for 
what  purposes 

powers  of,  in  making  certain  contracts 

may  fix  salary  of  deputy  tax  commis- 
sioner  

may  fix  tax  commissioner's  clerk  hire 

may  provide  for  assistant  assessors.  . .  . 

shall  levy  taxes.  .    

to  apportion  taxes 

may  remit  taxes,  when 

no  member  to  hold  any  other  city 
office 

ineligible  to  vote,  when 

dismissal  of  appointed  officers 

may  remit  penalty,  etc.,  by  two-thirds 
vote 

accidental  failure  to  organize  not  to 
suspend  corporation 

powers  of  old  council  continued 

may  publish  charter  and  ordinances  in 
book  form 

to  confirm  appointment  of  inspector 
of  buildings 

to  levy  tax  for  support  of  public  library 

to  levy  tax  for  support  of  public 
museum 

may  declare  what  streets  shall  be  pub- 
lic boulevards 

may  prescribe  certain  penalties 

COMMUNICATIONS,  reference  of 

COMPTROLLER,  officer  of  city 

election  and  term  of  office  of 

to  give  bond 

certified  copies  of  bonds  to  be  filed  with 

to  approve  sureties  on  bonds  for  city 
printing 

duties,  shall  make  annual  report 

shall  examine  estimates  and  counter- 
sign contracts 

shall  keep  list  of  certificates  issued.. . 

shall  report  same  to  council 

shall  report  special  tax  levy 

shall  report  monthly  to  common  coun- 
cil   

shall  examine  treasurer's  and  other 
accounts 

shall  audit  and  adjust  all  claims 

shall  countersign  all  warrants 

may  administer  oaths 

may  require  accounts  to  be  verified. . . 

to  examine  into  doubtful  claims 

records  of,  open  to  inspection 

not  to  be  interested  in  city  contracts .  . 

to  appoint  deputy 

to  countersign  resolutions  appropriat- 
ing money 

shall  countersign  all  contracts  and 
public  notices  given  by  B.  O.  P.  W. 

to  keep  record  of  estimates  accompa- 
nying proposals  for  doing  city  work 


Page. 

Sec. 

260 

1 

251 

4 

254 

1 

254 

1 

256 

1 

258 

14 

259 

15 

260 

17 

272 

1 

273 

2 

274 

7 

279 

3 

279 

7 

280 

10 

282 

15 

284 

1 

293 

9 

297 

9 

310 

2 

311 

4 

58 

5 

13 

1 

13 

3 

26 

1 

27 

1 

32 

9 

34 

12 

34 

13 

34 

14 

34 

14 

35 

14 

35 

15 

35 

16 

1   ^^ 

17 

35 

17 

35 

18 

36 

18 

36 

18 

36 

19 

36 

19 

36 

20 

58 

4 

69 

13 

70 

15 

Chap. 


311 
311 

191 
191 

328 
18 
18 
18 

19 
19 
19 

20 

20 
20 

20 

459 

7 

328 

167 
167 
4 
2 
2 
3 
3 

3 
3 

3 
3 
3 
3 


344 


INDEX  TO  CITY  CHARTER. 


Page. 

Sec. 

Chap. 

COMMON  COUNCIL   shall  audit  accounts 
for  work  and  materials t 

70 

72 

108 
108 
108 
109 

128 

131 
137 

137 
138 
152 
152 
165 

170 

171 

178 
178 
178 
190 

191 
191 

194 
222 
222 
225 
225 
230 
230 
230 

231 

235 

250 

30 
40 
48 
13 
13 
15 
15 

15 
16 

16 
19 

5 

5 

6 

7 

13 

19 
2 

4 

5 

14 
15 

8 

19 

20 

2 
4 
5 

17 

1 

1 

5 
1 
1 
1 
3 
7 
.8 
11 

11 

7 
11 

8 

33 
340 

1 

3 
6 
6 

63 

6 

5 

B.  O.  P.  W.  shall  deliver  statement  to 
park  commissioners  to  file  names    of 
employes  with 

5 
179 

park   commissioners  to  file  accounts 
with 

179 

amount  of  special  park  tax  to  be  cer- 
tified to 

179 

park    and   boulevard   accounts  to   be 
audited  by 

179 

to  countersign  and  register  certificates 
for  street  work 

7 

to  report  special  tax  for  repairing  side- 
walk and  abating  nuisance 

special  assessment  list  to  be  filed  with 
to    countersign     street    improvement 
bonds .    , 

7 
310 

310 

to  file  canceled  bonds  and  coupons.  . . 
to  countersign  certificates  for  sewers. . 
to  countersign  contracts  for  sewers  . . . 

to  keep  account  of  water  works 

to  record  water  assessment  and  give 
notice 

310 

8 

8 

10 

10 

to  make  returns  to  clerk  to  be  included 
in  tax  levy 

to  act  as  ex-officio  secretary  of  board  of 
public  debt 

10 

11 

to  countersign  city  bonds 

11 

to  keep  account  of  city  bonds 

to  countersign  school  orders 

11 

12 

secretary  of  school  board  to  file  quar- 
terly statement  with 

73 

to  audit  claims  against  school  board. . 
expenses   of  abating   nuisances  to   be 
included  in  special  tax  schedule. .  .  . 
salary,  |4,000.                                 

73 

13 
16 

salary  of  deputy,  $2  200.          

16 

to  countersign  salary  warrants 

to  countersign  city  orders 

16 
16 

shall  countersign  checks  on  depository 
|55,000  to  be  kept  in  treasury 

17 

17 

to  sign  notes  in  anticipation  of  taxes. . 

shall  countersign  receipts  for  advance 

pavment  of  taxes 

17 
17 

ex-officio  secretary    board  of    public 
health 

87 

to  countersign  contracts  for  building 

viaduct 

COMPENvSATlON,  not  increased  or  dimin- 
ished during  term.         ... 

122 
3 

CONCERTS,  regulation  of 

gift,  regulation  of 

4 
4 

CONSTABLES,  officers  of  city 

election  and  term  of  office 

election  of,  how  conducted 

2 
2 
2 

city  divided  into  districts  for  election  of 

inspectors  of  election  to  canvass  and 

return  votes  for                                  . . . 

2 
2 

to  give  bond  and  take  oath 

2 

INDEX  TO  CITY  CHARTER. 


345 


CONSTABLES,  to  give  official  bond 

CONTINGENT  FUND   

how  appropriated 

CONTRACTOR,  to  give  bond 

to  furnish  sureties  for  performance  of 
contract 

to  put  up  suitable  barriers  and  lights.. 

shall  be  liable  for  damages 

to  indemnify  city 

city  may  recover  all  costs  and  damages 
from 

city  may  receive  estimates  of  amount 
earned 

defaulting  contractor 

may  receive  certificate  stating  amount 
of  work  done 

may  enter  premises  for  purposes  of 
work 

to  restore  streets  and  alleys  upon  com- 
pletion of  work 

liability  to  injured  parties 

to  protect  laborers  and  material  men . . 
(See  "Contracts.") 
CONTRACTS,  city  atttorney  to  draft 

comptroller  to  examine  and  counter- 
sign  

comptroller  not  to  be  interested  in 

to  be  signed  by  B.  O.  P.  W.  at  their 
office 

to  be  preserved  by  B.  O.  P.  W 

B.  O.  P.  W.  may  make 

public  work  to  be  done  by 

to  be  let  to  lowest  bidder,  exception .  . 

execution  of 

comptroller  shall  countersign 

shall  not  exceed  appropriations 

estimates  to  accompany  contracts 

all  work  to  be  let  by  contract 

all  work  to  be  let  by  contract, 
exception 

B.  O.  P.  W.  shall  determine  finally 
performance  of 

with  city,  how  made 

for  use  of  patented  articles 

for  street  work 

for  removal  of  snow  from  sidewalks. . 

commissioners  not  to  be  interested  in.. 

for  removal  of  noxious  weeds 

for  sprinkling  streets,  how  let,  etc .... 

for  permanent  improvements  to  con- 
tain agreement  to  accept  bonds  in 
payment 

contractor  to  receive  certificates 

for  construction  of  sewers 

contractor  to  take  certificate  in  part 
payment 

proposals  to  be  accompanied  by  de- 
posit   

payable  in  certificates  or  orders 


Page. 


27 
227 
229 

65 

67 
68 
69 
69 

69 

74 
75 

127 

155 

156 

278 
289 

29 

34 
36 
63 

63 
63 
64 
65 
67 
67 
69 
70 
70 
70 


72 
73 
75 
125 
129 
132 
132 
132 


137 
141 
147 

149 

149 
151 


10 
11 
11 
12 

12 

21 
22 

13 

21 

24 
2 
1 


13 
19 
4 
4 
5 
6 
9 

10 
10 
13 
14 
15 
16 

16 

20 
20 
23 
10 
15 
20 
21 
22 


2 
14 


Chap. 

3 
17 
17 

5 

5 
5 
5 
5 


20 
261 


310 
479 


368 


346 


INDEX  TO  CITY  CHARTER. 


CONTRACTS,  how  approved,  signed,  coun 

tersigned,  etc , 

for  construction  of  private  drains 

COPIES  OF  PAPERS,  see  "Evidence." 

CORPORATION  OF  CITY 

CORPORATION,    municipal    not  liable  as 

garnishee 

municipal,    no    authority    to    employ 

special  counsel  when 

seal  of,  to  be  kept  by  city  clerk. . . . . 
CRIME,  prevention  of. 


D 

DAMAGES,  on  opening  streets,  etc.,  when 

to  paid 

on  taking  lands  for  laying  pipe,  etc. .  . 
on  taking  lands  for  laying  pipe,  etc. . . 

tender  of  money,  how  paid,  etc 

signers  of  petitions,  not  entitled  to...  . 

DEAD,  burial  of 

DEATHS,  registration  of 

DEIvIVERY,    of   official    property    to    suc- 
cessor in  office 

DEPOSITORY,  designation  of  by  common 

council 

treasurer  not  responsible  for  funds  in . 
DEPUTY  CIvERK,  appointment  and  duties 

of. 

salary,  i|l,800 

DEPUTY   COMPTROIvIvER,     appointment 

and  duties  of \ 

salary  of  |2,200 

DEPUTY  TREASURER,  appointment  and 

duties  of 

appointment,     oath    and  bond,    com- 
pensation, etc 

DICE,  restraining  use  of 

DISEASES,  regulation  of  contagious 

property  destroyed  to  prevent  spread 

of  contagious 

commissioner  of  health   to    care   for 

persons  suffering  from  contagious.  . 

DISORDERLY  HOUSES,  suppression  of.. . 

declared  nuisances 

DISPENSARIES,  establishment  of 

DISQUALIFICATIONS,    of    school     com- 
missioners   

no  alderman  to  hold  any  other  city 

office 

of  parties  to  hold  office 

penaltv  for  false  certificates 

DISTILLERIES,  regulation  of 

DISTILLERS,  regulation  of  and  license 

DISTRICTS,    election,  city    to  be    divided 

into 

number  and  boundaries  of 

sewerage,  defined 

sewerage,  diagram  for  each  district . . . 


Page. 


152 
155 


28 
38 


Chap. 


15 
20 


89 

16 

95 

26 

99 

2 

99 

3 

140 

3 

45 

324 

45 

324 

34 

11 

229 

6 

232 

5 

36 

20 

222 

1 

36 

20 

222 

1 

36 

20 

231 

1 

41 

34 

44 

322 

202 

1 

202 

1 

41 

35 

59 

8 

45 

327 

185 

2 

272 

1 

273 

4 

276 

10 

41 

S' 

47 

340 

15 

61 

15 

62 

144 

1 

145 

2 

INDEX  TO  CITY  CHARTER. 


347 


DOCKS,  to  prevent  encumbering  of 

regulation  of  dockage 

B.  O.  P.  W.  to  have  special  charge  of, 

construction  of,  chargeable  to  lots,  etc. 

opposite   streets,     etc.,   chargeable   to 
city 

establishment  of  dock  lines 

DOCKET,  city  attorney  to  keep 

DOCUMENTS,  see  "  Evidence. " 

DOGS,  destruction  of 

license  for 

DRAYMEN,  regulation  of 

DREDGING,  of  rivers,  B.  O.  P.  W.  to  take 
charge  of. 

of  fifty  feet,  chargeable  to  lots 

when  only  to  be  ordered 

opposite   streets    and   middle   ground 
chargeable  to  city 

of  rivers,  at  citv  expense 

DRUNKARDS,  punishment  of 


Page. 


EGGS,  regulating  sale  of 

EIGHTH  WARD,  boundaries  of. 

EIGHTEENTH  WARD,  boundaries  of. ... . 

ElyEVENTH  WARD,  boundaries  of 

EI^ECTIONS,  annual  municipal,  when  held 

annual  municipal,  notice  of 

of  city  officers 

of  aldermen 

districts,  city  divided  into  for  justices 
and  constables 

districts,  number  and  boundaries  of  .  . 

to  be  by  ballot;  plurality  of  votes  con- 
stitutes   

who  may  vote  at 

qualifications  of  electors 

precincts,  common  council  may  divide 
wards  into 

clerks    of,    how    appointed;    term    of 
office 

clerks  of,  to  be  elector  and  resident  of 
precincts 

inspectors  of,  how  appointed,    term  of 
office 

inspectors  of,  to  be  resident  and  elec- 
tor of  precinct 

inspectors  of,  vacancy,  how  filled 

inspectors  of,  to   take   and  file  oath, 
when 

clerks  of,  to  take  and  file  oath,  when. 

candidate    for    office,    cannot    be    in- 
spector of 

electors  may  fill  vacancy  for  inspector, 

when 

•     electors,  oath  of  on  being  challenged. 

penalty  for  false  swearing  or  fraudu- 
lent voting 


43 

54 

64 

116 

117 

159 

29 

44 
44 

44 


117 

117 

43 


42 
8 
10 
9 
13 
13 
13 
15 

15 
15 

10 
16 
16 

16 

17 

17 

17 

17 
17 

17 
17 

17 

17 
17 


313 

357 

6 

3 

5 
3 
5 

318 
319 
320 


64  6 

115  3 

116  3 


5 
5 

316 


8 
8 

9 

10 

10 

10 

10 
10 

10 
10 

10 

10 
11 

11 


Chap. 

4 
4 

5 

7 

7 
9 
3 

4 
4 
4 

5 

7 
7 

7 
7 
4 


348 


INDEX  TO  CITY  CHARTER. 


BISECTIONS,  challenged  person  taking  oath 
may  vote 

penalty  for  receiving  and  tallying 
fraudulent  votes 

inspectors  to  canvass  and  return  votes 
publicly 

inspectors  to  return  ballots  to  city  clerk 

council  to  canvass  returns,  when 

notice  of,  to  be  given  by  city  clerk  to 
officers  elected 

special,  notice  of,  how  given 

special,  how  conducted 

special,  for  mayor 

general  registration  law,  to  apply  to 
what 

certain  provisions  apply  to,  in  cities 
over  50,000. 

board  of  registry  to  use  previous  poll 
lists,  when 

registry  lists  for,  how  made 

at  judicial,  separate  registry  lists  to  be 
made ... 

clerks  or  inspectors  not  to  change  bal- 
lots  

clerks  or  inspectors  not  to  disclose  how 
elector  voted,  except 

penalty  for  violating  foregoing 

registration  of  electors  for  all  muni- 
cipaland  judicial  elections 

amending  chapter  385  laws  of  1887.  . .. 

relating  to  registration  of  electors.  . . . 

new  registry  lists  to  be  made,  when. . . 

separate  registry  lists  to  be  filed,  when 

expenses  of,  chargeable  to  ward  fund. 

shall  hold  and  conduct  special  elections 

duties  prescribed 

inspectors  of,  officers  of  city 

vacancies,  how  filled 

candidates  shall  not  be  inspectors  of.  . 

challenging  votes  and  oath  of  elector. 

penalty  for  false  voting  and  swearing. 

penalty  for  receiving  fraudulent  votes 

shall  canvass  votes  and  make  returns. 

returns,  how  to  be  made 

shall  hold  and  conduct  vspecial  elec- 
tions  

duties  prescribed 

shall  make  registry  in  new  districts.  . 

separate  registry  lists  to  be  made, 
when 

not  to  alter  tickets  nor  disclose  how 
elector  voted 

penalty  for  violation 

BLBCTORS,  qualifications  of 

to  vote  in  proper  precinct 

may  fill  vacancy  for  inspector,  when.  . 

oath  of,  on  being  challenged 

registration  of,  for  all  municipal  and 

judicial  elections 

(See  "Elections.") 


Page. 

Sec. 

17 

11 

18 

" 

18 

12 

18 

12 

18 

12 

18 

12 

19 

13 

19 

14 

20 

17 

25 

1 

25 

1 

25 

2 

25 

2 

26 

3 

26 

1 

26 

1 

26 

1 

25 

1 

25 

1 

25 

1 

25 

2 

26 

3 

229 

4 

19 

14 

25 

1 

13 

1 

17 

10 

17 

10 

17 

11 

17 

11 

18 

11 

18 

12 

18 

12 

19 

14 

25 

1 

25 

2 

26 

3 

26 

1 

26 

1 

16 

8 

16 

9 

17 

10 

17 

11 

25 

1 

Chap. 


INDEX  TO  CITY  CHARTER. 


349 


ELECTRIC  LIGHT,  corporations  may  use 

public  streets,  etc.,  when 

ENGINEER,  officer  of  city 

to  hold  office  for  term  of  appointment, 
term  of  office,  ex-officio  officer  public 

works 

may  be  removed  for  incompetency. . . 

appointment,  duties  and  powers 

shall  report  annually 

shall  appoint  assistants  and  workmen. 

common  council  shall  fix  salary 

shall  make  survey  of  proposed  change 
or  improvement  in  streets,  alleys  or 

public  grounds 

shall  keep  plat  and  profile  of  public 

improvements 

ENGINE  HOUSES,   B.   O.   P.  W.   to  have 

special  charge 

ENGLISH,    proposals   for  publishing   pro- 
ceedings in 

ENTERTAINMENTS,    regulation,   license, 

etc.,  of 

ERROR,   not  to  invalidate  proceedings  for 

opening  streets , 

ESTIMATES,  to  be  signed   by  B.  O.  P.  W 

at  their  office 

to  be  preserved  by  B.  O.  P.  W , 

to  accompany  contracts 

of  amount  earned  by  contractor 

annual,  of  ward  improvements 

for  street  and  other  work 

for  sewers , 

EVIDENCE,  certified  copies  and  transcripts 

of  bonds,  as 

effisct  of   certified    copies  of   clerk's 

records 

affidavit    of    publication,    when    con- 
clusive  

comptroller's  schedule,  prima  facie. . . 
of  publication  of  laws  and  ordinances 
of  service  of  notice  by  commissioners 

of  health 

of  tax  rolls 

of  tax  deeds 

of   charter    and    ordinances,    etc.,    in 

book  form 

EXAMINATIONS,  for  office,  how  conducted 

for  office,  control  of 

for  office,  notice  how  given 

EXAMINER,  of  board  of  city  service  com- 
missioners, how  appointed 

of  board  of  city  service  commissioners, 

salary  of. 

of  board  of  city  service  commissioners, 

how  removed 

EXEMPTIONS,  of  public  and  private  prop- 
erty from  sales 

of  public  property  from  taxation .... 
real  estate  subject  to  special  taxation 

EXHIBITIONS,  regulation  of. 

EXPOSURE,  of  person 


Page. 

Sec. 

Chap. 

112 

1 

192 

13 

1 

2 

16 

7 

2 

60 

1 

5 

61 

1 

5 

61 

2 

5 

62 

2 

5 

62 

2 

5 

63 

3 

5 

78 

3 

6 

92 

19 

6 

64 

6 

5 

30 

9 

3 

40 

33 

4 

92 

21 

6 

63 

4 

5 

63 

5 

5 

70 

15 

5 

74 

21 

5 

113 

1 

6 

118 

6 

7 

153 

16 

8 

27 

1 

3 

28 

4 

3 

34 

10 

3 

35 

14 

3 

56 

4 

4 

196 

9 

13 

260 

16 

18 

266 

28 

18 

282 

15 

20 

21 

2 

313 

22 

9 

313 

23 

10 

313 

22 

22 

22 

280 

281 

281 

40 

43 


11 
12 
32 

315 


313 
313 

313 

20 

20 

20 

4 

4 


S50 


INDEX  TO  CITY  CHARTER. 


FIRST  WARD,  boundaries  of 

FOURTH  WARD,  boundaries  of 

FIFTH  WARD,  boundaries  of 

FOURTEENTH  WARD,  boundaries  of .  . . . 
FIFTEENTH  WARD,  boundaries  of.  . 
FALSE  PRETENSES,  punishment  for.  . . . 

FAST  DRIVING,  prevention  of 

FATHER,  when  to  report   birth   of  child, 

penalty 

FINANCES,  fiscal  year  begins  January  1st.. 

common  council  to  have  control  of. .  . 

funds  under  control  of  council 

city  orders,  how  drawn  and  signed 

monthly  pay 

amended 

orders  and  certificates  receivable  for 
taxes 

levy  of  general  city  fund 

levy  for  contingent  fund 

levy  for  sewerage  fund 

levy  for  ward  fund 

levy  for  school  fund 


Page. 


Chap. 


annual  estimate  and  increase  by  three 
fourths  vote 

depository 

common  council  may  borrow  funds  on 

city  notes  in  anticipation  of  taxes.  . 

FINES,  to  be    imposed   upon   members    of 

council 

to  be  deducted  from  salaries 

remission  of. 

common  council  may  impose, 

disposition  of  fines  collected  for  violar 

tion  of  health  rules 

FIRE  ARMS,  prevent  shooting  of 

regulating  use  of 

FIRE   DEPARTMENT,  chief  engineer  of 
ofl&cer  of  city 

chief  of,  to  hold  office  during  term  of 
appointment 

mayor  to  be  head  of. 

B.  O.  P.  W.  to  have  charge  of  engine 
houses 

fire  limits,  establishment  of 

repairing  and  rebuilding  wooden  build- 
ings..  

preventive  powers  of   common  coun- 
cil   

dangerous  construction  of  chimneys. . 

ashes,  deposit  of 

fire  buckets,  etc.,  deposit  of 

dangerous  manufacturers 

use  of  fire  works  and  fire  arms, 

common  council  to  purchase  fire  en- 
gines, etc 

organization  of 

purchase    and    manning  of   engines, 
hose  carts,  etc 

apparatus  and  number  of  men  to  each 
company 


8 

8 

9 

10 

55 

43 

201 
34 

38 
226 
226 
226 

227 

227 
227 

227 
227 
228 
228 

229 
229 

230 

15 
15 
15 
53 

196 

42 

204 

13 

16 

28 

64 
203 

203 

203 
203 
203 
203 
204 
204 

204 
204 

204 

204 


3 

2 
2 
3 
3 

360 

314 

5 

12 
3 
1 
1 
1 
1 

1 

2 
2 

2 
2 
2 


11 

5 
5 
5 

352 

9 
312 

2 


4 
4 

232 


INDEX  TO  CITY  CHARTER. 


351 


FIRE  DEPARTMENT,  chief  engineer,  how 
appointed 

chief  engineer,  term  of  office 

other  members,  how  appointed 

tax  on  fire  insurance  agents 

money  paid  by  insurance  companies  to  j 
go  to  use  of  fire  department , 

agents  to  give  bond  and  report  annu 
ally 

penalty  for  non-compliance   

penalty  for  disobeying  orders  at  fire.  . 

officers  of 

salary  of  officers 

salary  of  drivers 

firenien's  relief  fund 

duties  of  city  treasurer  to  treasurer  of 
corporation . , 

elegibility  of  officers 

firemen  relief  association 

firemen  relief  association 

common  council  may  grant  pensions. . 

pensions  to  members  of,  how  allowed 

member  of,  when  retired 

who  entitled  to  pension,  on  death  of 
member 

amount  of  pension  to  member  of 

widow  of  member,  not  entitled  to  pen- 
sion after  remarriage 

when  members  of,  may  retire 

chief  engineer,  salary,  |3,000 

first  assistant  engineer,  salary,  |1,800.. 

second  assistant  engineer,  salary,$l,800 

third  assistant  engineer,  salary,  SI, 500. 

assistant   superintendent    alarm  tele- 
graph, salary,  |1,500 

superintendent  machinery  and  appara- 
tus, $1,500 

secretary,  salary  |1,200 

chief  operator  alarm  telegraph,  salary, 
|800 

assistant   operators    alarm   telegraph, 
salary,  |700 

foreman,  salary,  |1,200 

first  pipeman,  salary,  |900 

firemen,  salary,  $800 

engineers  of  fire  steamers 

stokers,   first  year  of  service,  salary, 
|800 

stokers,  salary  after  first  year  ot  ser- 
vice, $900 

drivers,  salary  after  second  year  of  ser- 
vice, $900 

pipemen,   salary  first  year  of  service, 
|700 

pipeman,  salary  second  year  of  service, 


pipeman,  salary  after  second  year  of 
service,  |900 

bonds  for  purchasing  engine  houses 
and  equipments  may  be  issued 


Page. 

Sec. 

205 

5 

205 

5 

205 

5 

205 

« 

206 

6 

206 

7 

207 

8 

207 

9 

207 

1 

207 

2 

207 

2 

208 

1 

208 

2 

208 

3 

209 

1 

209 

1 

219 

1 

220 

1 

220 

2 

220 

3 

221 

3 

221 

3 

221 

^ 

223 

1 

223 

223 

223 

223 

223 

1 

223 

223 

1 

223 

223 

223 

223 

1 

223 

^ 

224 

1 

224 

224 

224 

224 

224 

250 

14 

Chap. 


14 
14 
14 
14 

14 

14 
14 
14 
336 
336 
336 
176 

176 
176 
102 
163 
202 
379 
379 

379 
379 

379 
379 
16 
16 
16 
16 

16 

16 
16 

16 

16 
16 
16 
16 
16 

16 

16 

16 

16 

16 

16 

311 


352 


INDEX  TO  CITY  CHARTER. 


FIRE  DEPARTMENT,   inspector  of  build- 
ings to  discover  cause  of  fires 

an  act  to  protect  life  and  property  from 
destruction  from  fire 

fire  escapes,  how  constructed 

elevators,  hov^^  to  be  constructed 

watchmen  required  to  be  on  duty.  .  . . 

statement     of    means    of   safety    and 
escape  

penalty  for  non-compliance 

chief  engineer  to  nominate  veterinary 

surgeon,  see  "Veterinary  Surgeon." 

FIRE  LIMITS,  lumber  and  wood  yards  in. 

establishment  of. 

repair  of  damaged  buildings  in 

FIREWORKS,  regulating  use  of 

FIRE  ESCAPES,  erection  of 

FISCAL  YEAR,  begins  January  1st 

FISH,  regulating  sale  of 

destruction  of  unwholesome 

regulating  sale  of 

FORTUNE  TELLING,  punishment  for 

FRAUDULENT,  devices,  restraining 

FREEHOLDER,  who  held  to  be 

FRUIT,  regulating  sale  of 

FUNDS,  contingent,  levy  for,  not  to  exceed 
one-half  of  one  mill  on  the  dollar. . 

general  city,  monthly  report  of  treas- 
urer   

ward,  monthly  report  of  treasurer 

annual  report  of  treasurer 

annual  statement  of  comptroller 

monthly  report  of  comptroller 

license  for   sale   of  liquors    shall    be 
part  of 

reference  of  resolutions  appropriating 
money  from 

work  chargeable  to,  to  be  let  on  con- 
tract  

excess  of  damages  in  street  opening 
cases  chargeable  to 

same  to  be  paid  out  of 

advances  ma}"^  be  made  from 

street  improvements  chargeable  to  . . . 

dredging  of  middle  of  rivers  and  canals, 
chargeable  to 

docking  and  dredging,  when  charge- 
able to 

excess  of  damage  on  change  of  grade 
chargeable  to 

excess    of  cost    of   grading,    charge- 
able to 

cleaning  and  repairing  streets  charge- 
able to 

removal    of  Canada  thistles    charge- 
able to 

sprinkling  streets  chargeable  to 

cost  of  sprinkling  to  be  first  paid  out  of 

water,  how  kept,  etc 

quaiterly  reports 


Page. 


Chap. 


285 

287 
287 
287 
287 

287 
287 

288 
50 

203 

203 
42 
55 
34 
42 
45 
50 
55 
41 

118 
42 

227 

30 
30 
30 
34 
35 

39 

57 

70 

84 

87 

94 

114 

116 

117 

121 

122 

129 

132 
133 
133 
164 
165 


1 
2 
3 

4 
5 

2 

341 

1 

1 
312 

363 

12 

39 

326 
343 
360 

34 

6 
39 

2 

6 

6 

7 

12 
15 

31 

5 

16 

6 
13 
25 

2 

3 
5 

7 

8 

16 

21 
23 
24 

7 


INDEX  TO  CITY  CHARTER. 


353 


Page. 


FUNDS,  appropriations  to  board  of  health. . 

levy  tor  general  city  funds  not  to 
exceed  six  mills 

school y  levy  for,  not  to  exceed  three 
and  one-half  mills 

sewerage,  levy  for,  not  to  exceed  one 
and  one-half  mills 

sewerage,  special,  levy  not  to  exceed 
one  mill 

election  expenses  chargeable  to 

park  and  boulevard,  how  raised,  col- 
lected and  used  ...    

park  and  boulevard,  how  disbursed  .  , 

FRANCHISES,    before   granting,    must  be 

published  in  official  newspaper 

no  exclusive,  to  be  granted  over  via- 
ducts   


GAMBLING,  declared  a  nuisance 

GAME,  regulating  sale  ol 

GAMING,  restraining 

destruction  of  instruments  for 

punishing  keeper  of  house 

GARDENS,  regulation  of. 

GAS  PIPES,  B.  O.  P.  W.  to  regulate  laying 

of 

GAUGERS,  common  council  may  appoint.  . 
GERMAN,  proposals  for  publishing  proceed- 
ings in 

GEESE,  impounding  of 

GENERAL  CITY  FUND.      See  "  Fund." 

GIFT  ENTERPRISES,  regulation  of 

GOATS,  impounding  of 

GRADE,  power  to  establish  and  alter 

change  of,  by  two-thirds  vote 

ordinance  to  change  must  lay  over  two 
weeks  

grading,  to  what  funds  chargeable.  .  .  . 

compensation  to  owners  for  change  of 
grade 

assessment   of   benefits   and  damages 
therefor 

petitioners  not  entitled  to  damages.  .  . 

appeals,  how  and  when  taken . 

assessments,  when  to  be  paid 

limiting  right  of  action 

GROCERIES,  regulation  of 

cleansing  of 

GUNPOWDER,    location     of     hou.-es     for 
storing 

regulating  keeping  of 

nuisance  as  to 

GUARDS,  erection  of,  for  protection  of  turf, 
GUTTERS,  paving  of,  chargeable  to  lots.  .  . 

when  chargeable  to  ward  fund 


P.)4 

227 

228 

227 

227 
229 

109 
1U9 

60 

248 


Sec. 


Chap. 


13 

17 

17 

17 

17 
17 

179 
179 

148 

122 


59 

8 

4 

42 

39 

4 

41 

34 

4 

41 

35 

4 

54 

360 

4 

39 

31 

4 

65 

8 

5 

50 

346 

4 

30 

9 

3 

43 

317 

4 

48 

340 

4 

43 

317 

4 

46 

332 

4 

57 

4 

4 

57 

4 

4 

115 

2 

7 

122 

8 

7 

122 

8 

7 

123 

8 

7 

126 

11 

7 

126 

11 

7 

127 

12 

7 

39 

31 

4 

41 

36 

4 

42 

310 

4 

42 

311 

4 

59 

8 

4 

57 

365 

4 

114 

2 

7 

114 

2 

7 

854 


INDEX  TO  CITY  CHARTER. 


H 


HACKMEN,  regulation  of. 

HALLS,  regulating  construction  of 

HARBOR,  protection  of 

plans  to  be  kept  by  engineer 

Milwaukee,  what  it  includes 

HARBOR  MASTER,  officer  of  city 

to  locate  vessels 

appointment,  duties, compensation  and 
terms 

salary,  |1,000 

HAWKERS,  regulation  of 

HAY,  regulating  sale  of 

HEALTH,  board  of,  officers  of  city 

commissioners  of,  to  hold  office  during 
term  of  appointment 

common  council  may  make  rules  for  . 

abatement  of  nuisances 

preventing  spread  of  contagious  dis- 
eases   


preservation  of 

erection  of  pest  houses  and  hospitals . 

removal  of  matter  from  lots 

fines  for  violation  of,  laws 

protection  of  the  harbor 

duties  of  commissioner 

power  to  appoint  assistants,  clerks, 
agents,  etc 

power  to  appoint  special  temporary 
assistants 

shall  cause  school  children  to  be  vac- 
cinated   

may  enter  and  examine  buildings, 
lots,  etc 

to  adopt  all  proper  methods  for  pro- 
moting health 

penalty  for  disregarding  order  to  abate 
nuisance 

abatement  of  nuisance  by  board 

destruction  of  infected  clothing,  etc. . 

penalty  for  resisting  order  of  board. .  . 

to  provide  pest  houses 

may  suppress  business  dangerous  to 
public  health 

penalty  for  refusing  to  obey  lawful 
order  

proof  of  service  of  orders 

fines  to  be  paid  into  city  treasurer.  .  .  . 

establishment  of  temporary  hospitals. 

duties  ot  practicing  physicians,  reports 
to  commissioner  of  health 

penalty  for  neglect  of  physicians 

penalty  for  depositing  refuse 

compensation  ot  health  officers 

common  council  may  further  define 
duties 

police  and  others  to  aid  board 

commissioner,  mayor  to  appoint 

relating  to  sale  of  ice 

nn wholesome  ice,  use  of  prohibited. . 

law  to  be  construed,  how 


Page. 

Sec. 

44 

320 

55 

363 

53 

3.55 

62 

2 

163 

1 

13 

1 

53 

355 

159 

4 

224 

1 

47 

340 

47 

338 

13 

1 

16 

7 

38 

3 

41 

36 

44 

322 

45 

323 

45 

327 

46 

331 

53 

352 

53 

356 

192 

1 

1 

192 

2 

193 

2 

193 

2 

193 

3 

193 

4 

193 

4 

194 

5 

194 

6 

195 

6 

195 

6 

195 

196 

1 
8     1 

196 

9 

196 

10 

196 

11 

j 

197 

12 

197 

13 

197 

14 

198 

15 

198 

16 

198 

17 

199 

1 

199 

1 

199 

2 

199 

3 

INDEX  TO  CITY  CHARTER. 


355 


HEALTH,  penalty  for  violation  of 

duty  of  board  in  regard  to  violation  of 

oath  of  office 

salary,  etc 

vacancy,  how  filled 

powers  of  commissioner  to  appoint 
subordinates 

powers  of  commissioner  of  health.  . .  . 

re^Rtrar  of  vital  statistics,  how 
appointed 

office,  duties  and  location  of 

reports  of  birth  to  be  given  weekly . , . 

certificates  ot  birth 

birth  of  child  to  be  reported 

failure  to  report  a  misdemeanor 

record  book  of  births 

personal  property  destroyed,  how  paid 

commissioner  of,  to  procure  proper 
places  for  care  of  persons  suffering 
from  contagious  diseases 

what  persons  not  to  be  removed 

HIGH  SCHOOLS,  see  "Schools." 
HIGHWAYS,  see  "Streets." 

HOTELS,  regulating  height  of 

HOOPS,  to  regulate  rolling  of 

HORNS,  preventing  blowing  of 

HORSES,    prevention    of      racing,     to    be 
fastened 

impounding  of 

not  to  be  driven  on  sidewalks 

HORSE  RAILWAYS,  regulation  of. 

HOSPITALS,  providing  grounds  for 

erection  of 

establishment  by  board  of  health  .\  . . 

bonds   for   establishment  of,  may  be 

issued 

HOUSES  OF  ILL  FAME,  suppression  of. . 

are  nuisances 

HOUSES,  numbering  of 

moving  of. 

I 

ICE,  removal  of 

regulating  cutting  and  sale  of 

sidewalks  may  be  kept  clear  of 

regulating  sale  of 

use  of  unwholesome,  prohibited 

how  law  construed 

ILL  FAME,  suppression  of  houses  of 

''      n  declared  a  nuisance 

IMPEACHMENT,  of  officers 

IMPROVEMENTS,  annual  estimate  of  ward 
INCIDENTAL  PRINTING,  to  be  let  by  con- 
tract   

when  lowest  bidder  incompetent 

INDECENCY,  prevention  of 

INFANTS,  guardians  in  street  opening  pro- 
ceedings   

redemption  of  property  sold  for  taxes 


Page. 


199 
199 
200 
200 
200 

200 

200 

200 
201 
201 
201 
201 
201 
202 
202 


202 

202 


55 
44 

45 

43 
43 
46 
50 
45 
45 
197 

251 
41 
59 
50 
65 


46 

47 

130 

199 

199 

199 

41 

59 

275 

113 

70 
71 
43 

92 
2e4 


320 


314 
317 
333 

348 
325 
327 
11 

18 
35 

8 
350 


331 

338 

1 

1 

2 
3 

35 


1 

16 
17 
315 

18 
26 


Chap. 

361 

361 

36 

36 

36 

36 
36 

232 
232 
232 
232 
232 
232 
232 
143 


262 
262 


4 
4 
4 
4 
4 
4 
13 

311 
4 
4 
4 
5 


4 

4 

374 

361 

361 

361 

4 

4 

19 


356 


INDEX  TO  CITY  CHARTER. 


Page. 


INJURY,  by  reason  of  defective  streets 

liability  of  contractor 

liability  of  city  for  injuries  by  mob. .  . 

INSPECTOR  OF  BUILDINGS,  mayor  may 

appoint 

term  of  office  four  years 

vacancy,  how  filled 

may  be  removed 

oath  of  office 

to  give  bond 

salary,  |1,500,  office 

authority  to  incur  liability  against  city 

duties  of 

may  hold  inquest 

to  keep  record  of  all  proceedings 

may  administer  oaths  to  witnesses 

may  demand  admission  to  buildings.  . 

when  admission   refused,   may  apply 
for  writ  ot  assistance 

may  apply  for  order  restraining  con- 
struction of  buildings — when 

"inquest"  defined 

act  declared  to  be  amendatory  of  char- 
ter  

INSPECTORS   OF  ELECTION,  officers  of 
city 

to  canvass  and  return  votes  for  jus- 
tices, etc 

how     appointed,     qualifications     and 
term  of  office,  vacancies,  how  filled 

shall  take  oath 

shall  be  a  candidate  for  election 

to  require  oath  of  challenged  voter.  .  . 

penalty  for  false  swearing  and  voting. 

penalty  for  receiving  fraudulent  votes. 

to  canvass  and  return  votes  publicly.. 

returns,  how  to  be  made 

to  conduct  special  elections,  how 

duties  prescribed 

shall  make  registry  lists  in  new  dis- 
tricts, when 

separate  registry  lists  to  be  made,  when 

not  to  change  ballot,  etc.,  penalty. . .  . 

not  to   alter  ticket,    or  disclose  how 
elector  voted 

penalty  for  violation  of 

INSURANCE  AGENTS,  see  "  Fire  Depart- 
ment." 
INTELLIGENCE      OFFICES,     regulating 

keepers  of 

INTEREST,  on  city  deposits 

on  redemption  from  tax  sales 


JUDGMENT,  on  appeals  from  assessments 
discharge  of,    by   two-thirds   vote    of 

council 

JUNK  SHOPS,  regulation  of 

keepers,    regulation    of,    see    "  Pawn 
Brokers." 


276 

278 
322 

284 
284 
284 
284 
284 
2.-4 
284 
285 
285 
285 
285 
285 
286 

286 

286 
286 

286 

13 

15 

16 
16 
16 
17 
17 
18 
18 
18 
19 
25 

26 
26 
26 

26 

26 


47 
230 
264 


87 

279 
47 


10 
10 
10 
11 
11 
11 
12 
12 
14 
1 

2 
3 
1 

1 
1 


340 

9 
26 


14 

340 


INDEX  TO  CITY  CHARTER. 


357 


JURISDICTION,  common  law,  of  courts,  not 
excluded,   when 

of  city,  includes  rivers  and  canals . . . 

of     courts    to    abate    nuisances,    not 

changed  

JURY,  appointment  of,  for  opening  streets.. 

proceedings  of,  for  opening  streets  . 

council  to  confirm  report 

vacancy  in,  how  filled 

adjournment  of,  when  juror  absent. 
JUSTICES  OF  THE  PKACE,  officers  of  city 

election  and  term  of  office  of 

city  divided  in  eleven  districts  for  elec- 
tion of 

to  hold  office  till  successors  qualify .  .  . 

to  deliver  books,  etc.,  to  successor  .  .  . 

to  give  bond  and  take  oath 

officers  of  the  peace 

jurisdiction  of,  in  city  cases 

K 

KINNICKINNIC  RIVER,  in  jurisdiction  of 

city 

speed  of  vessels  on 

property  in  valley  of,  how  taken  . 

docking  and  dredging 

See  "  Dredging," 

declared  a  navigable  river 

establishment  of  dock  and  wharf  lines 
location   of   draw    or    swing    bridges 

across 

location  of  stationary  bridges  across 
KITES,  regulating  flying  of 

L 

lyAKE  MICHIGAN,  piers  and  wharves.  . . 

IvAMPS,  erection  and  lighting  of. 

LANDING,     preventing     infected    persons 
from 

LANES,  prevent  encumbering  of 

lyARD,  regulating  establishments  for  render- 
ing   

LAW,  regulating  establishments  for  render- 
ing  

LAW,  business  to  be  conducted  by  city  attor- 
ney, see  ' '  Actions. " 

ordinances,  rules,  etc.,  have  force  of. . 

LEASES,  city  attorney  to  draw 

LEGALIZING,     proceedings     for    opening 
streets.. 

LEVY  OF   TAXES,    see    "Finance"    and 
"Taxes  " 

LIABILITY,    for   damages    to    persons    or 

property 

of  contractors  for  injuries 

old,  not  disturbed  by  new  charter, 
authority  of  inspector  of  buildings  to 
incur 


Page. 

Sec. 

38 

2 

42 

37 

45 

325 

78 

3 

81 

4 

83 

5 

112 

1 

112 

1 

13 

1 

13 

3 

15 

6 

15 

6 

16 

6 

16 

6 

212 

6 

281 

13 

42 

37 

53 

356 

97 

30 

117 

5 

158 

2 

159 

3 

159 

6 

161 

7 

44 

321 

54 

357 

46 

335 

44 

322 

43 

313 

41 

37 

41 

37 

29 

5 

39 

3 

29 

5 

92 

20 

276 

1 

278 

2 

282 

16 

285 

1 

Chap. 


4 
4 

4 
6 
6 
6 
198 
198 
2 
2 

2 

2 

2 

2 

15 

20 


20 
20 
20 

459 


358 


INDEX  TO  CITY  CHARTER. 


LIABILITY  of  city  tor  injuries  by  mob 

LIBRARY  AND  MUSEUM,  bouds  for,  may 
be  issued 

building  to  be  erected  under  direction 

of  trustees 

LIBRARY,  see  "  Public  Library  " 

LICENSES,  term  of.  for  sale  of  liquors 

not  transferable 

for  billiard,  pool  and   pigeon    tables, 
etc 

for  shows  and  exhibitions 

mayor  may  grant  and  revoke,  when . . 

not  transferable 

for  dogs 

for  hackmen,  etc 

for  different  trades 

terms  and  amounts  of 

mayor  may  grant 

for  selling  spiritous  liquors 

for  prosecution  for  selling  without. .  .  . 
LIEN,  see  "  Lots  " 

for  labor  and  materials 

to  be  filed  in  twent}'  days 

LIGHTS,  regulating  use  of 

on  streets,  etc 

LIGHTING    WORKS,    city    may    lease   or 

purchase 

LIGHTING  PLANTS,   bonds  for  construc- 
tion or  purchase  of  may  be  issued.  . 
LIME,  regulating  weight  and  sale  of. . . .  .  .  . 

LIQUOR,  regulating  sale  of 

regulating  inspection  of 

selling  of,  a  nuisance 

report  of  dealers  by  chief  of  police 

penalty  for  selling  without  license.  .  .  . 
LOAN  BROKERS,  regulation  of 

to  give  bond 

LOCOMOTIVE  ENGINES,regulating  use  of 
LOTS,    assessments    against,     for    opening 
streets 

assessments  of  benefits  and  damages. . 

benefits  assessed  to  be  a  lien 

street  work  chargeable  to 

cutting    and    filling     on    new    grade 

chargeable  to 

dredging,  50  feet  chargeable  to 

construction  of  canals  chargeable  to. . 

certificates  for  street  work 

certificates  for  street  work 

in  case  of  subdivision 

removing  snow  from  sidewalks 

repairing  of  sidewalks  chargeable  to. . 

repairing  dangerous  sidewalks 

expense  of  abating   nuisance   charge- 1 
able  to 

extension  of  payments  of  assessments] 
against I 

street  improvement  bonds,  when  may] 
be  issued  against ' 

owner  of,  may  appeal  from  assessment. 


Page. 


322 
251 

298 

39 
40 

40 
40 
41 
41 

44 
44 
47 
48 
48 
212 
213 

289 

289 

42 

46 

176 

251 

47 
39 
50 
59 
212 
213 
47 
48 
50 

84 

85 

89 

114 

115 
116 
116 
125 
127 
128 
129 
129 
130 

131 

136 

137 
141 


31 
31 

32 
33 
1    , 
1 

319 

320 
340 
340 

1 
7 
9 

"1 
2 

311 
335 


111 

338 

31 
344 

8 
7 
<) 
340 

3 

348 

6 

10 
16 

2 

2 

3 

4 
10 
13 
14 
15 
16 
17 

18 

1 

4 

6 


7 

310 

479 
479 


INDEX  TO  CITY  CHARTER. 


359 


LOTS,  assessments  to  be  a  lien  on 

assessments  for  sewers. 

notice  of  subdivisions 

cost  of  private  sewers  chargeable  to. 

water  rates  shall  be  a  lien  on 

assessment     of     benefits     for    laj'ing 
water  pipes 

charges  for  abatement  of  nuisance  to 
be  a  lien  on 

taxes  to  be  a  lien  on 

LOWEST  BIDDER,  see  "  Bids." 
IvUMBER,  sale  of,  regulating  yards,  etc.  .  .  . 

measuring  and  inspecting  of 


M 

MANUFACTORY, regulating  construction  of 

MARKETS,  establishment  of  public 

MATERIALS,  B.  O.  P.  W.  may  contract  for 

not  to  exceed  |200 

MAYOR,  officer  of  city 

election  and  term  of  office 

appoint,  to  fill  vacancy  in  aldermen.  . 
<  to   appoint   clerks   and   inspectors    of 

election 

vacancy  in  office  of  same,  to  fill 

vacancy  in  office  of,  how  filled 

when  new  election  discretionary  with 

council 

to  appoint  city  service  commissioners, 
duties  of,  to  be  chief  executive  officer 
when,  may  appoint  special  police  .... 
head  of  fire  and  police  departments.  . 
when  president  of  council  may  dis- 
charge duties  of 

may    inspect     docket    kept    by    city 

attorney 

municipal  government  vested  in 

may  call  special  meetings  of  council. . 
may  grant  and  revoke  licenses  when  . 
may  grant   and   revoke   pawnbrokers 

licenses.. . 

to  sign  laws,  ordinances,  etc 

to  approve  or  veto  same 

to    appoint    commissioners   of  public 

works 

may  remove  commissioners  of  public 

works,  how 

to  appoint  city  engineer 

to  appoint  park  commissioners 

to  appoint  water  registrar 

to   appoint   commissioners    of    public 

debt 

to  sign  city  bonds 

to  sign  orders  on  debt  fund 

to    appoint     chief    engineer     of    fire 

department 

to  appoint  chief  of  police 


rage. 

Sec. 

142 

9 

149 

10 

150 

11 

154 

19 

167 

12 

168 

15 

198 

15 

261 

18 

50 

3-n 

50 

342 

55 

363 

42 

3« 

70 

16 

13 

1 

1.3 

3 

14 

5 

16 

10 

17 

10 

20 

1 

17 

20 

17 

20 

1 

27 

2 

28 

2 

28 

2 

28 

3 

29 

5 

36 

1 

36 

2 

40 

1 

48 

2 

56 

4 

58 

7 

60 

1 

61 

1 

61 

2 

107 

10 

171 

21 

177 

1 

178 

4 

181 

9 

205 

5 

211 

2 

Chap. 


479 

8 

8 

8 

10 

10 

13 

18 

4 
4 


4 
4 

5 
2 
2 
2 

2 

2 
2 

2 
313 
3 
3 
3 


3 

4 

4 

410 

337 
4 
4 


5 

5 

6 

10 

11 
11 
11 

14 

5 


860 


INDEX  TO  CITY  CHARTER. 


MAYOR,  appoinlnients  of  chiefs  of  fire  and 
police  departments  amended,  see 
"Fire  and  Police  Commissioners* 
Act" 

may  detail  police  for  special  duty 

may  exercise  powers  of  policemen 

to  act  as  officer  of  the  peace 

salary  |4,000 

to  sign  salary  warrants 

to  sign  city  orders 

to  sign  notes  for  loans 

to  appoint  commissionersof  publicdebt 

to  appoint  ward  assessors 

to  be  a  member  of  board  of  review. . . 

to  sign  tax  warrants 

service  of  process  on,  in  bringing  suit 
oi  action  against  city 

may  appoint  inspector  of  buildings. . . 

may   remove   inspector  cf  buildings, 
when 

to  fill  vacancy  in  office  of  same 

to  appoint  trustees  of  public  library.  . 

to  appoint  trustees  of  public  library .  . 

to  appoint  trustees  of  public  museum. 
MEAT,  regulating  sale  of,  fresh 

seizure   and    destruction   of    unwhol- 

some 

MEETINGS  OF  COMMON  COUNCIL, 

(See  "Common  Council.") 

MENDICANTS,  punishment  of 

MENOMINEE  RIVER,  in  jurisdiction  of 
city 

speed  of  vessels  on 

property  in  valley  of.  how  taken., .... 

construction  of  canals  in  valley  of .  . .  . 

docking  and  dredging  of 

dock  and  wharf  lines 

MENOMINEE  VALLEY,  marsh  lands  may 

be  filled  up 

MIDWIFE,  to  report  birth  of  child 

penalty  for  failure  to  report 

MILK,  regulating  sale  of,  fresh 

regulating  vendors  of 

MILWAUKEE  RIVER,  in  jurisdiction  of 
city 

speed  of  vessels  on 

docking  and  dredging  of 

dock  and  wharf  lines 

MOB,  liability  of  city  for  injuries  by 

MULES,  impounding  of 

not  to  be  driven  on  sidewalks 

MUSEUM,  see  "  Public  Museum  " 

MUSICAL  entertainments,  regulation  of. . . . 

N 

NEWSPAPERS,  common  council  to  desig- 
nate official 

having  largest  circulation  have  prefer- 
ence  


Page. 


214 

1 

211 

3 

211 

4 

212 

6 

222 

1 

225 

2 

226 

1 

230 

11 

234 

5 

255 

6 

257 

12 

259 

15 

279 

8 

284 

1 

284 

1 

284 

1 

291 

3 

298 

1 

299 

2 

42 

39 

42 


43 


32 
32 


Sec.       Chap. 


3I6 


42 

37 

53 

356 

97 

30 

116 

4 

117 

-   5 

159 

3 

139 

1 

201 

5 

201 

5 

42 

39 

47 

340 

42  • 

37 

54 

356 

117 

5 

159 

3 

322 

43 

317 

46 

333 

294 

2 

40 

33 

INDEX  TO  CITY  CHARTER. 


361 


NEWSPAPERS,    what     to     be    designated 

official 32  9  3 

to  file  proof  of  official  publications 34  10  3 

publication  of  ordinances,  etc 56  4  4 

publication  of  franchises  in i  60  1  148 

advertisements  for  proposals  for  doing 

city  work 65  9  5 

NINE  PIN  alleys,  regulation  of 40  32  4 

NINTH  WARD,  boundaries  of 8  3  1 

NOISE,  prevention  of 41  3^  4 

prevention  of,  by  auctioneers 45  328  4 

NOTICE,  of  time   and   place   of  municipal 

elections 13  2  2 

to  be  published  in  official  newspapers.  32  9  3 

for  written  proposals  for  street  work.  .  65  9  5 
by  B.  O.  P.  W,  shall  be  countersigned 

by  comptroller j  69  13  5 

of  application  to  be  given  to  owners. .  78  3  6 

form  of,  for  street  opening  cases 81  4  6 

publication  of  same 81  4  6 

of  viewing  premises  by  B.  O.  P.  W...  83  5  6 
of  assessment  of  benefits  and  damages 

against  lots 85  11  6 

of  appeal  from  assessment 87  14  6 

of  payment  of  assessment  of  damages.  89  16  6 

how  served  on  infants,  etc 92  18  6 

of  tender  of  money   for  damages  for 

taking  property,  etc 99  3  250 

of  payment  of  damages  for  street  work.  124  9  7 

of  completion  of  sewerage  diagram. .  .  145  3  8 

to  owners  to  lay  service  pipes 153  17  8 

lo  owners  to  construct  private  drains.  155  20  8 

of  water  rates  due,  etc 167  12  10 

of  assessments  for  laying  water  pipes.  170  19  10 

of  correction  of  assessment  rolls 257  11  18 

of  meeting  of  board  of  review 258  12  18 

by  treasurer  for  payment  of  taxes 261  20  18 

of  application  of  tax  deed  and  proof. ,  265  27  20 

NOXIOUS  WEEDS,  see  "  Weeds  " 

NUISANCES,  abatement    of  unwholesome 

places 41  3^  4 

abatement  of  unwholesome  places.  ..  .  41  37  4 

abatement  of  unwholesome  places. .. .  44  323  4 

abatement  of,  at  common  law 45  325  4 

common  council  may  define 45  3^5  4 

abatement  of  carcases,  etc 45  32<>  4 

Canada  thistles  and  other  weeds 51  3f'i  4 

unsafe  buildings,  chimneys,  etc 55  3^2  4 

suits  to  abate 59  8  4 

different  places  declared  to  be 59  8  4 

abatement  of,  from  stagnant  water. .  . 
abatement  of,  on  private  property  and 

in  alleys 

cost  of  abatement  of,  to  be  advanced 

from  ward  fund 

penalty    for    failure    to    abate    when 

ordered  by  board  of  health 103  4  13 

abatement  of,  by  board  of  health  ....  194  5  13 

NUISANCE,  in   Menominee  vallev,  mav  be 

abated '. '....'  139  1  479 


362 


INDEX  TO  CITY  CHARTER 


NUISANCE    in     Menominee     valley,    how 

adopted 

NUMBERING  OF  HOUSES,  regulation  of 


OATH  of  office,  justices  of  the  peace  and 
constables  shall  take 

inspectors  and  clerks  of  election  shall 
take .... 

of  elector 

of  office  who  must  take,  and  how 

city  officers  shall  take 

city  clerk  may  administer 

clerk  of  common  council  may  admin- 
ister,. .    

comptroller  may  administer 

deputy  city  officers  shall  take 

secretary  B.  O.  P.  W.  may  administer. 

commissioners  of  public  works  shall 
take 

water  registrar  shall  take . 

school  commissioners  shall  take 

ward  assessors  shall  take 

inspector  of  buildings  shall  take 

veterinary  surgeon  shall  take 

OBSCENITY,  prevention  of 

punishment  of 

OFFAL,  regulation  of 

OFFICE,  vacancies  in,  how  filled 

ineligibility  of  certain  persons  to.  .  .  . 
OFFICERS,  of  city 

and  agents,  additional  maj'  be  author- 
ized by  common  council 

election  and  term  of  office 

election  and  term  of  office 

election  and  term  of  office 

additional,  how  appointed 

to  hold  office  dviring  term  of  election 
or  appointment 

qualifications  of 

elective,  to  hold  until  terms  expire. . . 

what,  exempt  from  civil  service  rules. 

city,  to  aid  city  service  commissioners 

auditing,  not  to  allow  certain  claims. . 

violating  civil  vService  act,  how  pun- 
ished  

general  powers  and  duties  of 

all  city,  must  take  and  subscribe  oath 

common  council  may  appoint  and  dis- 
miss   

shall  deliver  official  property  to  suc- 
cessor  ' 

accounts  to  be  annually  examined .... 

salaries  of,  payable  monthly 

penalty  against  defaulting 

to  continue  until  superseded 

OFFICIAL  BONDS,  how  executed,  ap- 
proved and  depo.sited 


Page. 

- 

139 

2 

50 

350 

16 

36 

17 

10 

17 

U 

26 

1 

26 

1 

28 

4 

28 

4 

35 

18 

36 

20 

61 

1 

63 

4 

171 

21 

184 

2 

255 

6 

284 

1 

288 

2 

43 

315 

43 

316 

41 

37 

19 

13 

273 

4 

13 

1 

13 

1 

13 

3 

13 

15 

13 

16 

16 

7 

16 

7 

16 

8 

19 

16 

22 

6 

23 

14 

24 

16 

24 

19 

26 

26 

1 

30 

8 

34 

11 

59 

9 

225 

2 

225 

4 

280 

10 

27 

1 

Chap. 


INDEX  TO  CITY  CHARTER. 


363 


OFFICIAL  BONDS,   coiDiiion  council  may 

require   additional 

clerk   to    deliver    certified    copies    to 

comptroller 

what,  may  be  recorded  with  register 

of  deeds 

certified  copies,  effect  of 

(See  "Bonds.") 
OFFICIAL  PAPERS,  see  "Newspapers." 

OMNIBUS  DRIVERS,  regulation  of 

OPENING  STREETS,  power  of  council.  .  . 

See  "  Streets." 
OPERA  HOUSE,  regulating  construction  of 

OPINIONS,  by  city  attorney 

ORDERS,  to  be  drawn  and  signed  by  clerk . 

comptroller  to  countersign 

how  and  by  whom  issued 

to    specify    purpose,      receivable     for 

taxes 

transferable  by  endorsement 

cancellation  of  unclaimed 

limiting  time  for  issuing  new 

ORDINANCES,  annexation  by 

annexation  by 

city  attorney  to  draft 

to  be  published  in  official  papers 

proof  of  publication   of 

style  of 

ayes  and  noes  on 

common   council   may   pass,  force   of 

law 

whether   reasonable  or  not,  question 

of  law 

how  passed,  signed  and  published 

ayes  and  noes  on,  in  council 

to  establish  grade,  must  lay  over  two 

weeks 

reference  of 

approval  or  veto  of 

may  become  law  without  mayor's  sig- 
nature  

authorizing  bonds  to  be  issued,  to  have 
three-fourths  vote,  and  be  published 
stay  of  proceedings  under,  by  three- 
fourths  vote  of  council 

old,  to  remain  in  force 

OUTHOUSES,  regulating  use  of  lights  in  . . 

OXEN,  to  be  fastened 

not  to  be  driven  on  sidewalk 


PACKING  HOUSES,  regulation  of  ...  . 
PAPERS,  to  be  kept  by  city  clerk 

copies  of,  to  be  evidence 

PARKS,  seventh  ward,  extension  and  com- 
pletion of 

extension  of 

fifth  ward  aldermen  to  select  land  for, 

city  may  issue  bonds  for 


Page. 

Sec. 

27 

1 

27 

1 

27 

1 

27 

1 

44 

320 

46 

382 

55 

363 

29 

5 

28 

4 

35 

17 

226 

1 

227 

1 

227 

1 

231 

12 

231 

12 

12 

1 

12 

21 

29 

5 

30 

9 

33 

10  1 

36 

1 

37 

2 

38 

3 

39 

3 

5(5 

4 

56 

4 

57 

4 

57 

5 

58 

7 

59 

7 

251 

2 

279 

3 

279 

5 

42 

311 

43 

314 

46 

333 

41 

37 

28 

4 

28 

4 

100 

1 

102 

103 

1    2 

104 

1    1 

Chap, 

3 

3 

3 
3 


4 
4 

4 
3 
3 
3 

17 

17 

17 

17 

17 

245 

326 

3 

3 

3 

4 

4 


311 

20 

20 

4 

4 

4 


4 
3 
3 

235 
210 

85 
488 


364 


INDEX  TO  CITY  CHARTER. 


PARKS,  mayor  to  appoint  commissioners  . 

duties  of 

acquiring^  lands  for 

when  lands  for,  may  be  condemned  . 
when  purchase  or  lease  may  be  made 
commissioners    to    have     control     of 

boulevards  and   

commissioners   may    make   rules    for 

government  of 

commissioners,     board     of,    to    elect 

secretary 

may  fix  secretary's  salary  and  bond. . 

may  establish  building  lines 

to  report  appointment  of  employes. . . 
to  determine  amount  of  special  lax  for. 
to  certify  same  to  council  and  comp- 
troller   

may  disburse  park  funds 

may  not  contract  in  excess  of  fund . . , 

how  may  contract  for  lands 

when  electric  light  corporations  may 

use 

bonds  for  purchase  and  improvement 

of,  may  be  issued 

certain  avenues  declared  boulevards. . 
Grand  avenue  declared  a  boulevard  . , 
what   may   not    enter   or    pass    upon 

boulevards 

cattle,  swine,  etc.,  not  allowed  on 

obstruction  not  to  be  placed  without 

permission 

cities  may  designate  boulevards 

common  council  may  declare  certain 

streets  to  be 

how     certain      cities      may     declare 

boulevards 

certain  submerged  land  ceded  to  city 

for 

cortain  submerged  land  ceded  to  city 

for 

PATENTS,  contracts  for  use  of    

users  of,  to  pay  city  therefor 

PAVEMENTS,  regulating  use  of 

PAWNBROKERS,  regulation  of. 

must  have  license 

defined  

to  give  bond 

must  keep  a  book 

same  to  be  open  for  inspection 

chief  of  police   may   hold   unpawned 

things 

required  to  report  daily 

cannot  take  property  from  intoxicated 

persons 

license  may  be  revoked 

penalty  for  violation  of  law 

PAY  ROLLS,  payment  of 

PEACE,  who  are  officers  of 

PEDDLERS,  regulation  of. 


Page. 

Sec. 

106 

10 

106 

10 

106 

11 

106 

12 

107 

13 

107 

1 

107 

2 

108 

3 

108 

3 

108 

4 

108 

5 

108 

6 

108 

6 

109 

7 

109 

7 

109 

8 

112 

1 

251 

19 

309 

1 

309 

1 

309 

2 

309 

3 

310 

4 

310 

1 

310 

2 

310 

3 

311 

1 

312 

1 

7o 

23 

7o 

23 

4() 

332 

41 

340 

48 

1 

48 

2 

48 

3 

49 

4 

49 

5 

49 

6 

49 

7 

49 

8 

49 

9 

50 

10 

226 

1 

212 

6 

47 

340 

INDEX  TO  CITY  CHARTER. 


365 


PENALTY  for  false  swearing  or  fraudulent 
voting. ... .    

for  receiving  or  tallying  fraudulent 
votes 

for  violating  civil  service 

of  clerks  and  inspectors  for  violating 
duties 

for  refusing  to  deliver  official  property 
to  successor 

for  perjury  on  claims  and  accounts. . . 

may  be  imposed  by  common  council.. 

for  allowing  animals  to  run  at  large..  . 

on  physicians,  etc 

against  pawnbrokers,  etc 

for  failure  to  destroy  noxious  weeds. . 

tor  failure  to  appoint  commissioner  of 
weeds  

for  failure  to  act  when  appointed  as 
such 

common  council  may  impose 

on  vessels 

for  injuring  turf 

for  selling  unplatted  and  unrecorded 
land 

for  selling  unplatted  and  unrecorded 
land 

for  breaking  or  obstructing  sewers  ...  I 

for  nonpayment  of  water  rates 

for  polluting  water  or  injuring  works 
or  pipes 

for  refusing  to  abate  nuisance 

for  resisting  order  of  board  of  health. 

for  refusing  order  of  board  of  health.. 

against  physician  for  failure  to  report. 

for  depositing  refuse 

for  midwife  failing  to  report 

for  effecting  insurance  contrary  to  law 

for  disobeying  lawful  orders  at  fires. .  . 

for  disobeying  orders  officers  of  the 
peace 

against  defaulting  city  officers 

for  neglect  to  pay  on  tax  sales 

for  improper  use  of  tax  deeds 

against  city  officers  interested  in  con- 
tracts   

for  offering  or  accepting  bribes 

for  false  swearing  against  officers 

removal  from  office  for  false  swearing. 

remission  of  by  common  council 

for  non-compliance  with  law  regard- 
ing fire  escapes  in  public  buildings. 

for  obstructing  parks  or  boulevards..  . 

common  council  ma)'  prescribe  cer- 
tain  

PENSIONS,    common    council   may  grant, 

when 

board  of  fire  and  police  commissioners 
to  decide  application  tor 

who  entitled  to,  upon  death  of  mem- 
ber  


Page. 


17 


Sec. 


11 


Chap. 


18 

11 

2 

24 

19 

313 

26 

1 

499 

34 

11 

3 

36 

18 

3 

38 

3 

4 

43 

317 

4 

45 

324 

4 

50 

10 

337 

52 

2 

154 

52 

69 

154 

52 

69 

154 

53 

352 

4 

53 

355 

4 

56 

365 

4 

95 

25 

6 

99 

31 

6 

156 

23 

8 

166 

12 

10 

168 

13 

10 

194 

4 

13 

195 

6 

13 

196 

8 

13 

197 

13 

.  13 

li>8 

14 

13 

201 

5 

233 

207 

8 

14 

207 

9 

14 

212 

6 

15 

215 

4 

16 

264 

25 

18 

265 

27 

18 

274 

5 

19 

274 

6 

19 

275 

9 

19 

276 

10 

19 

279 

3 

20 

288 

5 

304 

310 

5 

113 

311 

4 

167 

219 

1 

202 

220 

1 

379 

220 

3 

379 

366 


INDEX  TO  CITY  CHARTER. 


Page. 


to. 


after 


to 


PENSIONS,  amount  of 

widow     not    entitled 

marriage 

to  be  paid  by  city  treasurer 

to  be  paid  monthly 

old   board   to   report,    then    cease 

exist I 

PERMITS,  B.  O.  P.  W.  may  grant 

to  connect  private  with  public  sewer. .  | 
no  charge  for  same  during  construe-! 

tion  of  sewer j 

to  national  home  for  disabled  soldiers 
for  use  of  water  from  water  works . . 

PEST  HOUSES,  erection  of 

PETITIONS,  reference  of. 

for  opening  streets,  allej^s,  etc 

tiking  land  for  public  purposes  with- 
out  

for  street  improvements,  affidavits. . .  . 

for  sprinkling  streets 

for  sprinkling  streets 

for   planting    and     preserving    shade 

trees 

PHYSICIANS,  to  impose  penalties  on  .    ... 

to  report  to  board  of  health 

penalty  for  neglect  of  duty 

who   deemed   to    be    practicing  phy- 
sicians  

to  report  birth  of  child 

penalty  for  failure  to  report 

PIERS,  regulation  of 

PIGEON  tables,  regulation  of 

PLANTS,  noxious,  see  "Weeds." 

PLATvS,  how  made,  approved  and  recorded. 

how  made,  approved  and  recorded 

to  be  kept  by  tax  commissioner 

PIvURALlTY  of  votes,  constitutes  election . . 

POLICE,  chief  of,  officer  of  city 

POLICE  COURT,  establishment  of 

term  of  office  of  judge  of 

vacancy    in    office   of  judge   of,   how 

filled 

judge  shall  take  and  subscribe  oath  of 

office 

jurisdiction  of 

jurisdiction  of,  defined 

to  be  held  in  Milwaukee,  time 

clerk    of    municipal   court  to   be   ex- 

officio  clerk  of. 

duties  of  clerk  defined 

jury  in,  how  defined 

witnesses  and  jurors  shall  attend  with- 
out prepayment  of  fees 

sheriff   of    Milwaukee    county    to   be 

officer  of 

phonographic  reporter  to  be  appointed 

for 

duties  and  salary  of 

fines  and  penalties  in,  to  be  accounted 
for 


221 

221 
221 
221 

222 

65 

155 

155 

172 
45 

57 

77 

78 
119 
132 
134 

135 
45 

197 
197 

197 

201 

201 

53 

40 

94 

98 

255 

16 

13 

315 

315 

315 

315 
315 
316 
316 

316 
316 
317 

317 

317 

318 
318 

318 


Sec      I  Chap. 


/ 

8 
22 

22 

22 
327 

5 

1 

2 

6 

22 

1 

25 

324 

12 
13 

13 
5 
5 

357 
32 

25 

31 

5 

8 
1 
1 

1 


10 
10 

11 


INDEX  TO  CITY  CHARTER. 


367 


Page. 

POLICE  COURT,  fines  and  penalties  in,  to 

be  paid  over  to  City  Treasurer 319 

continuances  in ol9 

salary  of  justice  |2,500 319 

costs  in,  how  paid 319 

commitments  to  be  to  house  of  correc-| 

tion I  319 

appeals,  how  made 319 

business  in  to  commence  in  May,  1895.  319 

practice  in    320 

POLICE  DEPARTMENT,  chief  of,    officer 

of  city 13 

policemen,  officers  of  city 13 

chief  of,  term  of  office 1(> 

mayor  to  be  head  of 28 

special      police,       when      and      how 

appointed 28 

use  of,  for  delinquent  aldermen 37 

may  inspect  pawnbrokers'  books 49 

chief  of,  may  hold  unpawned  articles.  49 

appointment  of  policemen 50 

to  notify  absent  jurors  of  adjournment.  113 

to  aid  board  of  health 198 

policemen  relief  association 209 

strength  of  force ....  211 

appointment  of  chief,   term   of  office, 

etc 211 

detailment  for  special  duties,  etc 211 

who  may  have  special  police  powers.  .  211 

duties  of  policemen 211 

officers  of  the  peace 212 

penalty  for  disobeying  same 212 

chief  to  annually  report  liquor  dealers  212 

terms  of  license  for  selling  liquor 212 

no  extra  compensation  to  members  of.  213 
prosecution   for  violation   of    license 

ordinance 213 

authority   of,   extended   so  as  to  em- 
brace Milwaukee  county 213 

salary  of  chief. j  213 

chief  shall  collect  and  pay  into  treasury 

fees  on  delinquent  taxes 213 

when  officers  of    the  city  not  to   re- 
ceive fees 213 

regulating     qualifications     of     police 

force I  214 

officers  may  serve  and  return  process..  214 
disposition  of  weapons  and  contraband 

articles 214 

board  of  fire  and  police  commissioners  214 
no  appointments  to  be  made  without 

approval  of  board 215 

adoption  of  rules  and  regulations  ....  215 

examination  free  to  all  citizens 215 

examinations  shall  be  public 215 

vacancy  in  office  of  chief,  how  filled..  215 
vacancy  in  office  of  lieutenant,  how 

filled .  215 

vacancy  in  office  of  first  assistant  chief! 

engineer,  how  filled '  215 


Sec.      I  Chap. 


12 
13 
14 
14 

15 
16 
17 


1 
1 

7 
2 

2 

2- 
5 
6 
349 

2 

17 

1 

1 

2 
3 

4 
5 

6 
6 


6 
6 
6 
6 

6 

6 

6 

35 

2 
2 

2 
3 

3 

4 

337 

337 

4 

198 

13 

163 

15 

15 
15 
15 
15 
15 
15 
15 
15 
15 

15 

204 
56 

56 

56 

308 
308 

308 

378 

378 
378 
378 
378 
378 

378 

378 


368 


INDEX  TO  CITY  CHARTER. 


POLICE  DEPARTMENT,  all  members  shall 

hold  at  pleasure  of  chief. 

new    appointments,     how     made    by 

chief. 

salaries  increase  with  length  of  term., 
common   council    has  power  to  pen- 
sion   

suspension  from  office 

when  it  is  duty   of   l)oard  to   remove 

from  office 

power  of  appointment,  chief  examiner . 
two  lieutenants  changed  to  inspector 

and  captain | 

salary  of  lieutenants | 

organization  of  policemen  relief  fund. .  I 
assignment    of    individual     right    to 

association 

rewards,   etc.,   received  to   be  turned | 

over  to  treasurer  of  association ! 

proceeds,  how  applied ! 

witness  fees  of  members   to   be   paid 

into  treasury i 

duty  of  treasurer  respecting  funds. .  .  . 

treasurer  to  give  bond 

who  eligible  to  hold  office  in  associa- 
tion  

city  attorney  to  be  ex-officio  trustee. . . 
common  council  may  grant  pension  to 

widowed  mother  and  others 

pensions  to  members,  how  allowed 

when  members  of.  may  retire 

who  entitled  to  pension  on  death  ot 

members 

amount  of  pensions 

widow  of  member  of,   not  entitled  to 

pension  after  le-marriage 

when  member  of,  tnay  retire 

chief  of,  salary  ^8.000 

inspector,  .salary  |1,<S00 

captain,  salary  |l,oOO 

four  lieutenants,  .salary,  each  51,200  . . 

detectives,  $1 .000 

sergeants,  |yOO 

roundsmen,  ^-^00 

patrolmen,  |800 

bonds  for  police  station  may  be  issued 
chief  of,  warrant  for  collection  of  de- 
linquent taxes.    

three  years  back  taxes  to  be  included, 
chief  of,   to  give  bond  and  pay  over 

monthly ' 

POLLS,  opening  and  closing  of 

number  of  in  each  ward 

POLISH,    propo.sals     for     publishing  pro- 
ceedings in 

POOL  tables,  regulation  of.    

PORTERS,  regulation  of 

POSTS,  regulating  inspection  of 

POULTRY,  regulating  sale  of. 

impounding  of 


Page. 


215 

215 
215 

216 
2l<) 

217 
217 

217 
217 

218 

218 

218 
218 

218 

218 
218 

218 
218 

219 
220 
220 

220 
221 

221 
221 
224 
224 
224 
224 
224 
224 
224 
224 
250 

262 

262 

262 
13 
16 

30 
40 
44 
50 
42 
43 


Sec. 


9 
10 

10 
11 

12 
13 


Chap. 


378 

378 
378 


21 
22 

23 

2 
9 

9 
32 
320 
342 

3» 
3n 


INDEX  TO  CITY  CHARTER. 


369 


POUNDS,  establishment  of 

establishment  of. 

enforcing  ordinances  as  to 

election  of  keepers  of 

PRESIDENT    OF    COMMON    COUNCIL, 

how  elected 

when  to  act  as  mayor,  duties,  etc 

special   meetings  of  council  may  be 

called  by,  how 

to  sign  ordinances 

PRESIDENT  OF  B.  O.  P.  W.,  election  of.. 

to  sign  contracts 

PRESIDENT  OF  SCHOOL  BOARD,  elec- 
tion of 

to  certify  pay  rolls 

PRINTING,  bids  for  city 

PRIVATE  DRAINS,  see  "Sewers." 

PRIVY,  cleansing  of 

PROPERTY  OF  TOWN,  does  not  become 

property  of  city  on  annexation 

PROPOSALS,  B.  O.  P.  W.  to  advertise  for, 

for  city  work 

B.  O.  P.  W.  to  advertise  for,  for  city 

work 

shall  be  sealed  and  accompanied  by 

bond 

to  be  accompanied  by  deposit  of  15 

per  cent 

for  street  sprinkling 

PROSTITUTES,  punishment  of. 

PROVISIONS,  regulating  sale  of. 

PUBLICATION,  proof  of. 

of  ordinances,  laws,  etc 

of  ordinances  for  establishing  grade. . 

of  private  or  corporate  franchises 

for  proposals  for  doing  public  work, . . 
of  notice  of  taking  lands  for  public 

purposes 

ot   notice  of  taking  lands  for  public 

purposes 

of  notice  of  assessment  against  lots, 

etc 

of  notice  of  payment  of  damages  for 

street  work 

of  advertisement  for  proposals  for  street 

sprinkling 

of    notice  of    assessment  for  laying 

water  pipe 

of  notice  of  correction  of  assessment 

roll 

PUBLIC  BUILDINGS,  lighting  of. 

regulating  height  of 

plans  of,  to  be  kept  by  city  engineer. . 
B.  O.  P.  W.  to  have  special  charge  of. 

condemnation  of  lands  for  sites 

PUBLIC   BATHS,  bonds  for  establishment 

of,  may  be  issued 

PUBLIC  DEBT,  board  of  commissioners  of, 

officers  of  city 

commissioners  to  sell  water  bonds 


Page. 

Sec. 

46 

334 

50 

347 

55 

364 

56 

364 

28 

3 

28 

3 

36 

2 

56 

4 

60 

1 

152 

15 

184 

1 

190 

17 

30 

9 

41 

36 

12 

4 

65 

9 

148 

1 

65 

9 

149 

2 

133 

22 

43 

316 

42 

39 

33 

10 

56 

4 

57 

4 

60 

1 

65 

9 

78 

3 

81 

4 

86 

11 

124 

9 

133 

22 

170 

19 

257 

11 

46 

335 

55 

363 

61 

2 

64 

6 

94 

24 

251 

18 

13 

1 

175 

3 

Chap. 

4 
4 
4 
4 

3 
3 

4 
4 
5 


12 

12 

3 


5 

368 


368 
7 
4 
4 
3 
4 
4 

148 
5 

6 

6 

6 


10 

18 
4 
4 
5 
5 
6 

311 

2 
90 


370 


INDEX  TO  CITY  CHARTER. 


Page. 


PUBLIC   DEBT,  commissioners,    oflSce  not 
to  be  abolshed 

board  of  commissioners  of,  how  ap- 
pointed   

vacancies,  how  filled 

transaction  of  business 

duties  of 

execution  of  city  bonds 

negotiation  of  bonds 

limitation  of  debt 

tax  for  interest  and  sinking  fund 

revenue    from    water     works     to    be 
applied  on  bonds 

levy  of  taxes  for ^ 

money   only  to  be  received  in  pay- 
ment of  such  taxes 

money  so  received  to  be  used  for  no 
other  purpose 

delinquent  taxes  to  be  added 

report  of  the  city  treasurer 

proposals  for  retirement  of  bonds 

proposals  shall  specify,  what 

what  proposals  insufficient 

sinking  fund  money  to  be  a  trust  fund. 

no  diversion  of  same 

cancellation  of  bonds  and  coupons 

appointment  of  commissioners 

term  of  office,  duties,  vacancies,  how 
filled 

cancellation  of  bonds  and  coupons 

when  bonds  to  cease  to  draw  interest . 

bonds  for  refunding  public  debt  may 
be  issued 

limitation  of 

PUBLIC  GROUNDS,  to  prevent  encumber- 
ing of. 

regulation  of. 

lighting  of 

planting  of  trees  in 

care  of 

B.  O.  P.  W.  to  have  special  charge  of. 

common  council  shall  have  power  to 

lay  out,  widen,  etc 

See  ''Streets." 

when  electric   light  coporation  may 

use 

PUBLIC  LIBRARY,  building  to  be  erected 
under  direction  of  trustees 

bonds  may  be  issued  for 

authority  of  city  to  establish  and  main- 
tain  

part  of  educational  department  of  city 

board  of  trustees,  term  of  office 

appointment  of  trustees,  vacancy,  how 
filled 

not  to  be  interested  in  contracts 

no  compensation  to  trustees 

annual  meeting,  organization,  choos- 
ing president 

XJOwers  of  trustees 


175 

177 
177 
177 

178 
178 
179 
179 
180 

180 
180 

181 

182 
182 
182 
182 
183 
183 
184 
184 
184 
234 

234 
234 
234 

251 
251 

43 
46 
46 
53 
55 
64 

76 


112 

248 
251 

290 
290 
290 

291 
291 
291 

291 
291 


Sec. 


10 

11 

12 
12 
13 
14 
14 
15 
5 

5 

10 
11 


112 

2 

313 

330 
335 
353 
364 

6 


INDEX  TO  CITY  CHARTER. 


371 


PUBLIC   LIBRARY,   meeting  of  board   of 
trustees  

appointment    of    librarian,    vacancy, 
how  filled 

removal  of  librarian  authorized 

duties  of  trustees 

common  council  to  levy  tax  for  sup- 
port of 

erection  and  leasing  building  for 

city    treasurer    to    be    custodian    of 
library  funds 

city  may  accept  gifts  for 

duties  of  mayor  in  regard  to  same. . . . 

control  of  donations  for 

mayor  to  appoint  trustees,  etc 

PUBLIC  MARKETS,  establishment  of 

PUBLIC  MUSEUM,  building  to  be  erected 
under  direction  of  trustees ...    

bonds  may  be  issued  for 

city  may  accept  donations  for 

city  authorized  to  establish  and  main- 
tain  

board    of    trustees,    duties,    term    of 
office 

vacancies,  how  filled,  oath  of  office. . . 

meetings  of  board 

duties    of,  rules    for    government    of 
museum '. . . 

secretary  of  board  of  trustees,  term  of 
office,  etc 

custodian  may  be  removed 

further  duties  of  the  board 

tax  to  be  levied  for  support  of 

grounds  and  buildings  for 

city  treasurer  to  control  museum  fund. 

donations    to     be    under    control    of 
trustees 

trustees  of,  mayor  to  appoint,  etc 

trustees  authorized  to  appoint  a  custo- 
dian and  curators 

conveyance  of    property    of   Natural 

History  society 

PUBLIC  SCHOOLS.     See  *' Schools." 
PUBLIC  WORKS,  board  of,  officers  of  city 

commissioners  to  hold  office  for  term 
of  appointment 

comptroller  to  countersign  contracts. . 

accounts  to  be  annually  examined 

creation  and  organization  of  board... . 

commissioners,  term  of  office 

city  engineer  to  be  president  of  board. 

vacancy,  how  filled 

residence  of   members  of  board  pre- 
scribed  

shall  elect  secretary 

may  be  removed  for  incompetency . . . 

engineer  shall  make  annual  report . . . 

salary  of  commissioners 

may  employ  superintendents,  agents 
clerks,  etc , 


Page. 


291 

292 
292 
292 

293 
293 

293 
293 
294 
294 
298 
42 

248 
251 
294 

294 

294 
295 
295 

296 

296 
296 
296 
297 
297 
297 

297 
298 

299 

299 

13 

16 
34 
59 
60 
60 
60 
60 

61 
61 
61 
62 

62 

62 


Sec. 


9 
10 

11 
12 
13 

4 

1 

38 

1 

17 
1 


7 

8 

9 

10 

11 

12 

2 

1 
1 

1 

7 

13 
9 
1 
1 
1 
1 

1 
1 
1 
2 
3 


Chap. 


7 
7 
7 

7 
7 

7 
7 
7 
152 
521 
4 

41 
311 

328 

328 

328 
328 
328 

328 

328 
328 
328 
328 
328 
328 

328 
521 

433 

329 

2 

2 
3 
4 
5 
5 
5 
5 

5 
5 
5 
5 
5 


372 


INDEX  TO  CITY  CHARTER. 


PUBLIC    WORKS,    may    make    rules    and 
by-laws  for  regulation  of  same 

may  be  removed  for  incompetency  . . . 

shall  take  oath  and  give  bond 

office  and  office  hours 

each  shall  keep  horse  and  buggy 

quorum,  records  and  reports., 

to  take  charge  of  streets  and  buildings 

may  make  contracts 

to  repair  school  buildings 

may  grant  permits  for  house  moving  . 

also  for  building  vaults 

to  regulate  laying  of  gas  and  water 
pipes 

to  advertise  for  proposals  for  doing  city 
work 

to  approve  bond   accompanying  pro- 
posals  

bond,  when  to  be  prosecuted 

contracts  to    be    awarded    to    lowest 
bidder 

exceptions 

may  reject  bids,  when 

cost  shall  not  exceed  appropriations. . 

to  certify  accounts  for  work  done  or 
material  furnished 

to  purchase  supplier 

shall  deliver  statement  to  comptroller. 

shall    determine    finally    all     perfor- 
mance of  contract 

shall  adjust  and    determine    amount 
earned 

may  pay  on  estimates  and  extend  time 
for  performance  of  contracts 

special  assessments 

defaulting  contractors 

may    contract    for    use    of   patented 
articles 

when   interested  in    proceedings  for 
opening  streets 

assessments  and  proceedings  on  open- 
ing streets  

See  ••Streets-" 

assessment  and  proceedings  on  opening 
streets  

assessments  and  proceedings  for  open- 
ing streets 

same,  where   there  is  building  upon 
land   

assessments  and  proceedings  for  open- 
ing streets 

to  give  and  serve  notice  of  assessment, 
when 

may     review,     modify    and     correct 
assessment 

to    determine     damages     for    taking 
lands  for  laying  pipe 

tender  of   money   for  damages,  how 
made 

additional  powers 


Page. 

vSec. 

62 

3 

62 

3 

63 

4 

63 

4 

63 

4 

63 

5 

64 

6 

64 

6 

64 

7 

65 

8 

65 

8 

65 

8 

65 

9 

65 

9 

66 

9 

67 

10 

67 

10 

6? 

10 

70 

14 

70 
71 

72 

16 

18 
19 

72 

20 

73 

20 

74 
74 
75 

21 
21 
22 

75 

23 

83 

5 

83 

6 

84 

7 

84 

8 

85 

9 

85 

10 

85 

11 

86 

12 

99 

2 

99 
00 

3 

4 

INDEX  TO  CITY  CHARTER. 


373 


Page. 

Sec. 

Chap. 

PUBLIC   WORKS,    duties   and    powers    of 
B.  0.  P.  W.   in  regard  to  land  pur- 
chased for  viaduct 

110 
113 
116 

116 

117 
117 
118 
121 

124 
125 
126 
127 
129 

129 

131 

131 

132 
132 

132 
132 

133 
133 
135 
139 
140 
144 

148 
159 
159 
162 
163 

163 

172 

249 
46 

45 

16 
17 

1 

4 

4 
5 

6 

7 

9 
10 
11 
12 
15 

16 

19 

20 
21 

22 
22 

23 

24 

25 

2 

3 

1 
4 
5 
9 

1 

22 

10 

334 
326 

8 
10 

231 

annual  estimate  of  ward  improvements 

authority  of,  over  rivers  and  canals. . . 

construction  of  canals  in  the  valley  of 

Menominee             

7 
7 

7 

apportionment   of   costs   for   docking 

7 

docking  and  dredging  of  rivers 

grading  and  improving  streets 

to  view  premises  and  makeassesments 
review,    correct    and    modify    assess- 
ments of  benefits  and  damages 

contract  for  street  work              

7 
7 
7 

7 
7 

appeal  from  assessments  by  B.  O,  P.  W. 
aDoeal  the  onlv  remedv  .          

7 
7 

removing  snow  from  sidewalks 

keeping  streets  and  sidewalks  in  re- 
pair            .               

7 
7 

abatement  of  nuisance  from   private 
Drooertv                

T 

cost  of  work   done  on  lots  to  be  ad- 
vanced from  ward  funds 

7 

commissioners  not  to  be  interested  in 

contracts  or  improvements 

removal  of  Canada  thistles 

7 

7 

to   advertise   for  proposals  for  street 

7 

to  contract  for  street  sprinkling 

cost  of  sprinkling  to  be  assessed  against 
lots  

7 
7 

cost  to  be  first  paid  out  of  ward  fund. . 

shall  require  planting  of  trees,  etc 

may  fill  up  marsh  lands,  how 

duty  of  board  in  ordering  work  done. 

construction  of  sewers,  see  "Sewers." 

board  shall  advertise  for  proposals  for 

street  and  sewer  work 

7 

7 

479 

479 

8 

368 

board  of,  to  appoint  harbor  masters.  . . 
board  of,  to  appoint  bridge  tenders.  .  . 
construction  of  bridges       ...         .... 

9 
9 
9 

in  relation  to  water  works            

10 

shall  have  exclusive  charge  and  super- 
intendence of  same 

vSee  "Waterworks." 

may  issue    permit  to  national   home 
disabled  soldiers  for  obtaining  water 
from  city  water  works 

may     make     contracts     for    building 
viaduct              .           .         .  .         .... 

10 

20 
122 

PUMPS   establishment  of                     

4 

PUTRID   CARCASES,  removal  or  distruc- 
tion  of 

4 

Q 

QUAIylFICATlONS,  of  electors 

2 

of  inspectors  and  clerks  of  election .  . . 

2 

374 


INDEX  TO  CITY  CHARTER. 


QUARANTINE  LAWS,  regulation  of 

appointment  of  assistants  to    aid    in 

maintaining |     192 

QUORUM,  of  common  council 


of  board  of  public  works . 
of  school  commissioners. 


RAIIvROADS,  regulation  of 

RAVINES,  bridges  to  be  erected  and  main- 
tained over 

RECONSIDERATION,  of  vote 

of  vote  on  veto  message 

RECORDS,  of  justices  to   be   delivered   to 
successor 

of  common  council,  clerk  to  keep.  . . . 

of  city,  to  be  kept  by  clerk 

copies  of,  to  be  evidence 

of  comptroller,  open  to  inspection . , . . 

of  common  council 

treasurer  to  keep,  of  sale  of  property 

for  delinquent  taxes 

RE-ASSESSMENT,  see  "Assessment." 
REDEMPTION      OF      PROPERTY,      see 

"Taxes." 
REFERENCE,  of  accounts,  ordinances, etc. 
REGISTER  OF  DEEDS,  to  record  plats.. . . 

to  record  plats 

REGISTRY,  board  of,  see  "Elections." 
REGISTRY   OF  ELECTORS,  see    "Elec- 
tions." 
REGISTRAR    OF    VITAL    STATISTICS, 

See  "Health." 
RELIGIOUS    WORSHIP,   not    to    be  dis- 
turbed  

REMISSION  OF  PENALTY,  by  common 

council 

REMOVAL,  of  officers 

of  commissioners  of  public  works 

of  employes  of  board  of  public  works. 

of  other  officers,  see  respective  titles. 

of  school  commissioners 

of  ward  assessors 

of  city  officers,  by  common  council . . . 

investigation  of  charges  against  officers 

trial  and  proceedings 

from  office,  for  false  certifying 

of  inspector  of  buildings  from  office . . 
REPEAL,  provisions  of  charter,  when   re- 
pealed  

of  former  laws 

not  to  affect  acts  under  same 

REPORTS,  monthly,  of  treasurer  to  be  pub- 
lished  

RESERVOIR,  establishment  of 

RESIGNATION,  see  "Vacancy." 
RESOLUTIONS,  ayes  and  noes  on 

appropriating  money,  adoption  of 

appropriating  money,  reference  of. . . . 


Page. 

Sec. 

!   44 

322 

192 

2 

1   37 

2 

63 

5 

185 

2 

50 

348 

53 

354 

58 

6 

58 

7 

15 

6 

28 

4 

28 

4 

28 

4 

36 

19 

37 

2 

263 

24 

57 

5 

95 

25 

98 

31 

55 

360 

279 

3 

30 

8 

61 

1 

62 

3 

185 

2 

256 

8 

274 

7 

275 

8 

275 

9 

276 

10 

284 

1 

281 

14 

282 

17 

282 

17 

30 

6 

46 

334 

37 

2 

57 

4 

57 

5 

Chap. 
4 


INDEX  TO  CITY  CHARTER. 


375 


RESOLUTIONS,  approval  of,  veto 

for  opening  streets  without  petition. . . 

for  taking  lands  without  petition 

for  street  work  without  petition 

for  street  sprinkling 

for  planting  of  trees. 

old,  when  to  remain  in  force 

RIOT,  mayor  to  appoint  special  policemen.. 

prevention  of 

RIVERS,  in  jurisdiction  of  city 

B.  O.  P.  W.  to  have  special  charge  of. 

dredging  of  50  feet  chargeable  to  lots. 

authority  of  board    of   public    works 
over 

dredging  of  middle  ground 

declared  public  highways 

(See  "  Dredging  "  and  names  of  navi- 
gable rivers. ) 
RULES,  common  council  to  make 

for  city  purposes 

how  passed,  signed  and  published 

RUNNERS,  regulation  of. 


Page. 


SALARY,  of  aldermen,  $400 ^ ... 

of  examiner  of  board  of  city  service 

commissioners 

of  appointees,  when  commences 

of  aldermen,  not  to  be  changed  during 

term  of  office 

of  board  of  public  works 

of  secretary   of  park   commissioners, 

|1,500 

of  water  registrar 

of  superintendent  of  school  board 

of  assistant  superintendent  of  school 

board 

of  secretary  of  school  board 

of  city  officials  and  employes 

in  full  for  all  services 

payable  monthly 

execution  of  salary  warrants 

proceedings  in  case  of  default 

to  remain  unchanged  until  April,  1874 

of  inspector  of  buildings 

SALOONS,  regulation  of 

(See  "Liquors.") 
SCHOOL   BOARD,  members  of,  officers  of 

city 

secretary  of,  to  hold  office  during  term 

of  election 

SCHOOLS,  superintendant  of,  to  hold  office 

during  term  of  election 

punishment  for  disturbing 

construction  of  buildings 

buildings,  B.  O.  P.  W.  to  have  special 

charge  of 

repairing  same 

condemnation  of  lands  for  school  sites 


58 

78 

95 

119 

133 

134 

279 

28 

41 

42 

64 

116 

116 
116 

158 


37 

38 
56 
47 


14 

22 
24 

30 
62 

108 
171 

186 

187 
187 
224 
224 
225 
225 
226 
280 
284 
39 


13 

16 

16 
55 
55 

64 
64 
93 


Chap. 


7 

2 
26 

6 

22 
25 

6 

2 

35 

37 


2 
3 
4 

340 


5 

8 
18 


3 
21 

6 

6 
8 
1 
1 
2 
3 
4 
10 
I 
31 


1 
7 

7 

Si 
363 


5 
6 
6 

7 
7 
7 

20 
3 
4 
4 
5 
7 

7 
7 
9 


313 
313 


179 
10 
12 

12 
12 
16 
16 
16 
16 
16 
20 
459 
4 


6 

7 

24 


376 


INDEX  TO  CITY  CHARTER. 


how     elected, 


Page. 


SCHOOIvS,    commissioners 

term  of  office,  etc 

president,  how  elected 

official  oath,  liabilities,  disabilities  and 

duties 

power  and  authority 

school     houses     and     grounds,     city 

property 

text  books  and  system  of  instruction. . 
discipline  and  management  of  schools. 

superintendent,  powers  and  duties 

salary  of  superintendent 

appointment  of  assistant  superinten- 
dent  

appeals,  how  taken 

appointment  of  secretary  of  board .... 
duties,  bond,  to  take  school  census. . . 
removal    of   superintendent     or    the 

secretary 

certified  list  of  teachers  and   salaries 

to  be  filed  with  comptroller i     188 

high  schools  to  be  maintained 

government  of,  and  teachers  for  same. 

course  of  study 

government  of  teachers  and  pupils. . . 
school  board  may  appoint  to  fill  vacan- 
cies  

school  moneys  to  be  used  for  no  other 

purpose 

orders,  how  issued  and  signed 

annual  report  to  common  council 

claims    against    board    or    city,    how 

allowed 

establishment    of    additional    schools 

authorized 

janitor  having  charge  of  steam  boiler 

to  pass  examination 

children  attending,  to  be  vaccinated. . 
levy  of  taxes  for  support  of  schools  . . 
bonds  for  buildings  and  sites  may  be 

issued 

SEAL,  corporate,  to  be  kept  by  city  clerk  . . 

SECOND  WARD,  boundaries  of 

SIXTH  WARD,  boundaries  of 

SEVENTH  WARD,  boundaries  of 

SIXTEENTH  WARD,  boundaries  of 

SEVENTEENTH  WARD,  boundaries  of... 
SECOND-HAND  STORES,  regulation  of  . . 
SECOND-HAND  DEALERS,  see  "Pawn- 
brokers. ' ' 
SECRETARY  OF  SCHOOL  BOARD,  elec- 
tion, duties,  etc 

(See  "vSchools.") 
SEVENTH  WARD  PARK;  see  "Parks." 

SEWERS,  cleansing  of 

profiles  of,  to  be  kept  by  city  engineer 
B.  O.  P.  W.  to  have  special  charge  of 

use  of  streets  for 

sewerage  districts 

diagrams  of  sewers 


184 

1 

184 

1 

185 

2 

185 

3 

185 

4 

185 

5 

186 

5 

186 

6 

186 

6 

186 

6 

187 

7 

187 

8 

187 

8 

187 

9 

188 

10 

188 

11 

189 

12 

189 

18 

189 

14 

189 

15 

190 

16 

190 

17 

190 

18 

191 


192 


Sec. 


187 


192 

1 

193 

2 

228 

2 

250 

1=5 

28 

4 

7 

3 

8 

3 

8 

3 

10 

3 

10 

3 

47 

340 

41 

36 

61 

2 

64 

6 

65 

8 

144 

1 

145 

2 

INDEX  TO  CITY  CHARTER. 


377 


SEWERS,  present  plans  to  remain  in  force. 

notice  of  completion  of  diagram  to  be 
given 

objections  and  improvements  sug- 
gested  

plan  may  be  modified  by  board 

council  to  ratify  or  condemn 

plans  may  be  changed 

annual  report  necessary 

board  may  recommend  other  sewers.  . 

proposals  and  contracts 

B.  O.  P.  W.  to  advertise  for  proposals 
for  work  on 

certificates  in  part  payment 

assessments  against  lots  and  corner 
lots 

notice  of  subdivisions 

charges  against  sewerage  fund 

cleaning  and  repairing  authorized  by 
board 

annual  report  of  board 

sewerage  tax,  how^  levied  and  collected 

when  contractor  entitled  to  certificate 

certificate  of  special  assessment,  how 
executed 

contracts  to  be  approved  by  city  at- 
torney  

contracts  to  be  signed  by  president  of 
board 

proceedings  in  case  of  suspension  or 
default 

grades  to  be  fixed  by  board 

work  to  be  approved  by  board 

board  may  grant  estimates 

sewer  pipes,  gas  and  w^ater  mains  to 
be  laid  before  paving 

may  be  assessed  against  lots  if  not  done 
by  owners 

board  to  see  to  construction  of  all  pri- 
vate sewers  and  drains 

board  to  have  control  of  all  drains  and 
sewers 

specifications  of  private  drains  and 
sewers  to  be  open  to  examination. . . 

contractor  may  enter  premises  for 
purpose  of  examination 

permit  to  connect  private  with  public 
sewers 

fee  therefor,  no  charge  during  con- 
struction of  puplic  sewer 

penalty  for  obstructing  or  breaking. .  . 

streets  and  alleys  to  be  restored  to 
former  condition 

special  tax  authorized  in  Bay  View 
sewerage  district 

special  tax  authorized  in  South  sewer- 
age district 

city  may  be  divided  into  sewerage 
districts 

levy  of  taxes  for  sewerage  fund 


Page. 

Sec. 

145 

2 

145 

2 

145 
146 
146 
146 
146 
147 
147 

3   ; 

4  1 

5  S 

^  1 

L    i 

8  ' 

148 
149 

1 
9 

149 
150 
150 

10 

11 
12 

151 
151 
151 
151 

12  i 

13  : 

13 
14 

152 

14    ; 

152 

15  : 

152 

15 

152 
152 
153 
153 

16 
16 

153 

1" 

154 

17 

154 

n   I 

154 

19 

155 

20 

155 

21 

155 

22 

155 
156 

22 
23 

156 

24 

156 

1 

157 

1 

i  157 
'  227 

1 
2 

Chap. 

8 


8 
8 
8 

8 

368 


89 

224 
17 


378 


INDEX  TO  CITY  CHARTER. 


SEWERS,  bonds  for,  may  be  issued 

state  board   of  health  to  recommend 
system   of,  in  Menominee  and  Kin- 

nickinnic  valleys 

SESSIONS,  of  common  council  to  be  public. 
SERVICE,  oforder  to  destroy  upon  R.  R.  Co. 

SEXTONS,  to  impose  penalties  on 

SHEEP,  impounding  of 

SHERIFF,  to  act  as  officer  of  the  peace  .... 
SHINGLES,  regulation  and  inspection  of. . . 

SHOWS,  regulation  of 

SHOOTING  GALLERIES  regulation  of... . 

SIDEWALKS,  prevent  encumbering  of 

removal  of  snow  and  ice  from 

regulation  of 

animals  not  to  be  driven  on 

B.  O.  P.  W.  to  have  special  charge  of., 

repairing  of 

removing  snow  from 

may  be  kept  clear  of  snow  and  ice. . . . 

repairing  of 

dangerous  sidewalks,  how  repaired. . . 

See  "  Streets. " 
liability  of  city  for  injury  to  person  or 
property  from  defective  sidewalks. . 

liability  of  contractor 

liability   of  city  for  injuries  from  de- 
fective  

amendment    of    complaint  in  action 

for  defective 

limitation  as  to  recovery 

primary  liability  for  damages 

SINKING  FUND,  see  ''  Bonds." 
SLAUGHTERING  HOUSES,  regulation  of. 
SMOKE    STACKS,     regulating    construc- 
tion of 

SNOW,  removal  of 

removal  of 

sidewalks  may  be  kept  clear  of 

SOAP  FACTORY,  cleansing  of 

regulation  of 

SPEED  OF  VESSELS 

on  rivers 

SPRINKLING  OF  STREETS 

Sprinkling  of  streets 

cost  to  be  assessed  against  adjoining 

lots 

when  chargeable  to  ward  fund 

cost    to    be    first    paid    out    of  ward 

fund 

relating    to    purchase    of    sprinkling 

tanks j     135 

STABLES,  cleansing  of. |      41 

regulation  of 

STAKES,  corner,  record  of  to  be  kept  by 

engineer ' 

STATE  ROAD,  establishing  and  laying  out 

from  Milwaukee  to  Port  Washington 

appointment  of  commissioners  to  lay 

out 


Page. 

Sec. 

250 

12 

312 

1 

37 

2 

51 

3 

45 

324 

43 

317 

212 

6 

50 

342 

40 

33 

40 

32 

43 

313 

46 

331 

46 

332 

46 

333 

64 

6 

114 

2 

129 

15 

129 

1 

129 

16 

130 

17 

276 

1 

278 

2 

323 

324 

324 

324 

•• 

41 

*3' 

55 

362 

46 

331 

129 

15 

130 

1 

41 

36 

41 

37 

53 

355 

53 

356 

46 

330 

132 

22 

133 

23 

133 

23 

i     133 

24 

135 

26 

41 

36 

i      41 

37 

62 

2 

301 

301 

1 

INDEX  TO  CITY  CHARTER. 


379 


STATE  ROAD,  commissioners  to  receive  no 
compensation 

may  build  necessary  bridges 

shall  advertise  for  proposals  for  build- 
ing same 

contract  to  be  let  to  lovt^est  bidder 

bridges  shall  not  exceed  |10,000  cost. . 

bidders  to  furnish  bond 

monthly    estimates    to    be    made   by 
commissioners 

contractor  entitled  to  amount  due  him 

commissioners    not    individually   res- 
ponsible   

term  of  commissioners 

STAVES,  regulating  inspection  of. 

STEAM  ENGINES,  regulation  of. 

STEAM  BOILERS,  regulation  and  inspec- 
tion of 

STEAM  WHISTLES,  regulating  blowing  of 

STORES,  numbering  of 

STORAGE,  regulating  prices  to  be  charged 

for 

STREETS,  prevent  encumbering  of 

prevent  fast  driving  on 

punishing  obscenity  on 

impounding  animals  running  at  large 
on 

regulating  hoops,  kites,  balls,  etc 

noise  by  auctioneers  on 

regulating  sprinkling  of 

removal  of  snow,  ice,  etc 

opening,  changing  grade,  vacating, etc. 

lighting  of 

regulating  planting  trees  in 

leasing  wharfing  privileges 

erection  of  guards  on,  for  protection 
of  turf 

vote  for  change  of  grade  of 

publication  of  proceedings  for  change 
of  grade 

profiles  of,  to  be  kept  by  city  engineer 

B.  O.  P.  W.  to  have  charge  of 

permits  for  moving  houses  along  or 
across  

permits  for  laying  down  gas  and  water 
pipes  

contractors  to  put  up  suitable  barriers 
and  lights 

taking  property  for  street  and  other 
purposes 

petition  for  opening  streets 

common    council    may  open   streets, 
when 

survey  and  plat  to  be  made  and  filed.. 

notice  of  application  to   be  given   to 
property  owners 

jury  to  be  selected  to  view  premises 
and  appraise  damages 

jurors  to  be  sworn 

penalty  for  refusing  jury  duty..    . 


Page. 

Sec. 

301 

2 

301 

3 

302 

4 

302 

5 

302 

6 

302 

7 

302 

8 

302 

.     9 

303 

10 

303 

11 

50 

342 

50 

345 

50 

350 

45 

329 

50 

350 

54 

357 

43 

313 

43 

314 

43 

316 

43 

317 

44 

321 

45 

328 

46 

330 

46 

331 

46 

332 

46 

335 

53 

353 

54 

358 

56 

365 

57 

4 

57 

4 

62 

2 

64 

6 

65 

8 

65 

8 

68 

11 

76 

77 

i 

78 

2 

78 

3 

78 

3 

79 

3 

80 

3 

81 

3 

Chap. 


462 
462 

462 
462 
462 
462 

462 
462 

462 

462 

4 

4 

4 
4 
4 

4 
4 
4 
4 

4 
4 
4 
4 
4 
4 
4 
4 
4 

4 
4 

4 
5 
5 

5 

5 

5 

6 
6 

6 
6 


380 


INDEX  TO  CITY  CHARTER. 


Page. 

Sec. 

Chap. 

STREETS,  notice  of  viewing  to  be  served 

and  published 

81 

4 

6 

meeting  and  report  of  jury . . . 

82 

4 

6 

common  council  to  confirm  report  of 

jury 

83 

Q 

6 

assessment  of  benefits  and  damages, 

proceedings  thereon 

84 

6 

6 

assessment  of  benefits  and  damages. . . 

84 

7 

6 

assessment  of  benefits  and  damages. . . 

85 

8 

6 

assessment  of  benefits  and  damages. . . 

85 

9 

6 

assessment  of  benefits  and  damages. . . 

85 

10 

6 

notice  of  assessment  to  be  given 

85 

11 

6 

assessment  to  be  reviewed,  modified, 

corrected 

86 

12 

6 

assessment  to  be  laid  before  common 

council 

86 

87 

13 
14 

6 

appeal  from  assessment 

6 

trial  of  appeal,  how  conducted 

87 

14 

6 

appeal  the  only  remedy  for  damages. . 

88 

15 

6 

when  city  may  enter  upon  and  appro- 

priate property  condemned 

89 

16 

6 

buildings  to  be  removed  from  same. . . 

90 

16 

6 

lease  and  other  contracts  determined . 

91 

17 

6 

notices,  how  served  on  infants,  etc. . . 

92 

18 

6 

survey  and  plat  to  be  made  and  filed. . 

92 

19 

6 

former    proceedings    continued,    con- 

firmed and  legalized 

92 

20 

6 

directions  only  directory 

92 

21 

6 

vacation  of  streets,  alleys,  etc 

93 

22 

6 

may  change  location  or  direction  of.  . 

93 

23 

6 

provisions  hereof  to  apply   to  school 

sites 

93 

24 

6 

damages  may  be  advanced  from  ward 

funds 

94 

25 

6 

on  plats  to  correspond  with  adjacent 

streets,  etc 

95 

25 

6 

penalty  for  selling  unplatted  and  un- 

recorded land 

95 

25 

6 

extending     or    laying    water     pipes, 

etc 

95 

26 

6 

B.  O.  P.  W.   to  determine  injury   to 

owner  of  land  taken 

96 
96 

27 

28 

6 

when  land  may  be  used 

6 

lands  outside  city  limits  may  be  used 

and  acquired 

96 

29 

6 

property  in  Menominee  and  Kinnic- 
kinnic  valleys,  how  taken 

97 

30 

6 

on  plats  to  correspond  with  adjacent 

streets,  etc 

98 

31 

6 

map  of  plat  to  be  approved  by  common 

council 

98 

31 

6 

penalty    for    failure   to   comply   with 

requirements 

98 
99 

31 

1 

6 

grading  of 

374 

vacation  of 

99 

1 

374 

when  electric  light  corporations  may 

use 

112 
114 

1 
2 

192 

repairing  of  streets  and  sidewalks 

7 

improvement  of,  etc.,  to  what  funds 

chargeable 

114 

2 

7 

INDEX  TO  CITY  CHARTER. 


381 


STREETS,  petitions  for  improvements  and 

estimates  of  cost 

costs,    chargeable  to  lots,   to   city   or 

ward  fund 

assessment  of  benefits  and  damages  . . 
compensation  to  lot  owners  for  change 

of  grade  ....    

assessment  of   benefits  and   damages 

therefor 

petitioners  not  entitled  to  damages. . . 
review  and   correction  of  assessment 

roll 

notice  of  review  and  correction  to  be 

given 

contract,  payment  of  same 

appeals    from   assessments,    how   and 

when  taken 

assessments  for  damages,  when  to  be 

paid 

limiting  right  of  action 

contractor  shall  receive  certificates  for 

work  done 

certificates,  when  lots  subdivided 

removing  snow  from  sidewalks 

repair  of  streets  and  sidewalks 

dangerous  sidewalks 

Canada  thistles 

sprinkling  of  streets 

sprinkling    of    streets,    contract    for, 

how  let 

street      improvement      bonds,       see 

"Bonds." 

assessment  for  paving,  limited 

B,  O.  P.  W.  shall  advertise  for  propo- 
sals for  work  on 

pipes  and  sewers  to    be   laid  before 

paving 

to  be  restored  after  sewers  are  laid 

bonds  for  permanently  improving  may 

be  issued 

liability  of  city  for  injury  to  person  or 

property  from  defective  streets 

liability  of  contractors 

recording  of  lands  taken  for  streets. . . 
legalizing     proceedings    of    common 

council  for  opening,  vacating,  etc., 

streets,  etc 

primary  liability  for  damages 

limitation  as  to  recovery 

SUITS,  see  "Actions." 
SUPERINTENDENT,  of  public  markets. . . 

of  schools,  election  of,  duties,  etc 

appeal  to  board 

removal  of 

SURETIES,  contractor  to  furnish 

SURVEYS,  by  city  engineer 

on  opening  streets 

SWINDLERS,  punishment  of 

SWINE,  impounding  of 

SWIMMING,  regulation  of 


Page. 

Sec. 

118 

6 

120 

6 

121 

7 

122 

8 

122 

8 

123 

8 

124 

9 

124 

9 

125 

10 

126 

11 

126 

11 

127 

12 

127 

13 

128 

14 

129 

15 

129 

16 

130 

17 

132 

21 

132 

22 

134 

2 

138 

6 

148 

153 

17 

156 

24 

251 

110 

276 

278 

300 

300 

324 

324 

•  • 

42 

38 

186 

6 

187 

7 

187 

9 

67 

10 

61 

2 

92 

19 

54 

360 

43 

317 

43 

315 

Chap. 


7 

7 

7 

7 
7 

7 
7 
7 
7 

226 

310 

368 

8 
8 

311 

20 

20 

237 

206 


4 

12 

12 

12 

5 

5 

6 

4 

4 

4 


582 


INDEX  TO  CITY  CHARTER. 


T 

TALLOW  SHOPS,  cleansing  of 

regulation  of 

TANNERIES,  cleansing  of 

regulation  of 

TAVERNS,  regulation  of 

disorderly,  declared  a  nuisance 

TAXES,  city  attorney  to  examine  rolls 

comptroller  to  report  special 

ayes  and  noes  on  resolution  for 

special  for  park  and  boulevard  fund. . . 

amount  of  certificates  for  street  work . 

against  subdivisions 

for  keeping  sidewalk  clear 

for  annual  installment  assessment,  how 
collected 

special,  authorized  for  Bay  View 
sewerage  district 

special,  authorized  for  South  sewerage 
district 

special,  authorized  for  any  sewerage 
district 

direct,  to  be  levied  for  payment  of 
sewer  bonds  and  interest .    

unpaid  water  rates  to  be  added  to  tax 
rolls 

on  water  pipe  assessment 

for  interest,  etc.,  on  city  bonds 

restricting  taxation 

borrowing  money  in  anticipation  of 

city  to  be  divided  into  tax  districts 

sales  for  non-payment  of  taxes  at  office 
of  treasurer 

tax  rolls  to  be  be  bound  in  volumes. . 

duplicate  tax  rolls 

an  act  to  restrict  taxation 

for  interest  and  sinking  fund,  how 
levied  and  collected 

money  only  to  be  received  for  same 

delinquent  taxes 

city  and  school  orders  not  receivable 
for 

re-levy  of  unpaid  taxes 

to  pay  bonds,  how  levied 

all  property  subject  to  taxation 

assessment  rolls 

assessments  of  buildings  and  sub- 
division of  lands 

notice  of,  and  correction  of  tax  rolls. . 

notice  of  meeting  of  board  of  review. . 

assessment  rolls  to  be  delivered  to  city 
clerk 

common  council  to  levy 

city  clerk  to  make  complete  tax  rolls . 

apportionment,  warrant  to  treasurer. . 

comparing  tax  rolls 

causes  for  remission  of  taxes 

to  be  a  lien  on  all  property 

who  to  pay  in  case  of  sale 

all  personal  property  liable  for  pay- 
ment of 


1 

Page. 

Sec. 

41 

36 

41 

37 

41 

36 

41 

37 

39 

31 

58 

8 

29 

5 

34 

14 

37 

2 

108 

6 

127 

13 

128 

14 

130 

2 

138 

5 

156 

1 

157 

1 

157 

1 

157 

4 

166 

12 

171 

20 

181 

8 

227 

2 

231 

11 

232 

11 

232 

2 

232 

2 

232 

3 

232 

1 

234 

6 

235 

7 

235 

8 

237 

13 

238 

17 

252 

5 

252 

1 

256 

9 

257 

10 

257 

11 

258 

12 

258 

13 

258 

14 

258 

14 

259 

15 

259 

16 

260 

17 

261 

18 

261 

18 

261 

18 

INDEX  TO  CITY  CHARTER. 


383 


TAXES,  special  taxes  to  be  carried  out  in 
special  column 

notice  of  demand  for  payment  of  taxes. 

treasurer  to  enforce  payment  of  per- 
sonal taxes 

warrant  for  collection,  to  chief  of 
police 

to  include  three  years  back  taxes 

bond  of  chief  of  police  to  pay  over 
collections 

sales,  and  certificates  of  sale,  fordelin- 


Page. 


quent 

forfeiture  for  neglect  to  pay  for  lands 
so  purchased 

re-sale  of  lots,  when 

redemption  of  property 

notice  of  application  for  tax  deed 

penalty  for  improper  use  of  deeds 

form  of  tax  deeds 

city  may  purchase  and  receive  certi- 
ficate   

city  may  re-sell  personal  property .... 

transfer  of  certificates 

purchaser  to  buy  city's  certificates 

transfer  of  street  commissioner's 
certificates 

report  of  transfers,  etc. ,  by  treasurer. . 

omitted  lands  assessable  for  back 
taxes 

re-levy  of  void  assessment 

redemption  and  cancellation  of  certifi- 
cates   

preference  on  redemption 

setting  aside  assessments  and  deeds. . . 

informality  in  proceedings  not  to  affect 
validity 

fees  for  certificates,  etc.,  to  be  paid 
into  treasury 

state,  county  and  school  taxes 

levy  of  special  tax  in  Bay  View  sewer- 
age district 

form  of  certificates  of  sale  of  lands  for 
non-payment  of  taxes 

former  certificates  issued  not  void  on 
account  of  form 

levy  of  taxes  for  support  of  public 
library , 

levy  of  taxes  for  support  of  public 

museum 

TAX  COMMISSIONER,  officer  of  city 

to  hold  office  during  term  of  office. . . . 

salary  |2,500 

appointment,  term  of  office,  oath  and 
bond • 

may  appoint  deputy 

office,  duties,  etc 

to  keep  record  of  real  estate  subject  to 
taxation 

to  keep  record  of  personal  property 
subject  to  taxation 


261 
261 

262 

262 
263 

263 

263 

264 
264 
264 
265 
265 
266 

266 
266 
266 
267 

267 
267 

268 
268 

269 
269 
269 

269 

270 
271 

271 

272 
272 
293 

297 
13 
16 

223 

253 
253 
254 

254 

254 


Sec. 


19 
20 

21 

21 
22 

23 

24 

25 
25 

26 

27 
27 
28 

29 
29 
29 
30 

30 
30 

31 
31 


Chap. 


18 
18 

18 

18 
18 

18 

18 

18 
18 
18 
18 
18 
18 

18 
18 
18 
18 

18 
18 

18 
18 


32 
33 

34 

18 
18 
18 

35 

18 

36 
37 

18 
18 

1 

301 

1 

278 

2 

278 

9 

7 

9 

1 
7 
1 

328 
2 

a 

16 

2 
2 
3 

18 
18 
18 

3 

18 

3 

18 

384 


INDEX  TO  CITY  CHARTER. 


TAX  COMMISSIONER   to  keep  record  of 
vessels 

to  keep  record  of  plats  and  complaints. 

to  recommend  ward  assessors 

present  incumbents  to  hold  over 

may  remove  ward  assessors 

to  give  notice  of  correction  of  assess- 
ment rolls 

to  be  member  of  board  of  review 

TEN  PIN  ALLEYS,  regulation  of 

TERM  OF  OFFICE,  of  city  officers 

of  aldermen 

of  persons  to  fill  vacancies 

of  officers  elect 

of  city  clerk 

of  commissioners  of  public  works 

of  commissioners  of  public  debt 

of  school  commissioners 

of  superintendent  of  public  schools. . 

of  secretary  of  school  board 

of  chief  engineer  of  fire  department. . 

amended 

of  chief  of  police 

amended 

of  tax  commissioner 

of  ward  assessors 

of  inspector  of  buildings 

of  veterinary  surgeon 

of  trustees  of  public  library, 

of  trustees  of  public  museum 

TERRITORY,  adjacent,  how  annexed 

THEATRES,  regulation  of 

regulating  construction  of. 

THIRD  WARD,  boundaries  of 

TENTH  WARD,  boundaries  of 

TWELFTH  WARD,  boundaries  of.    ....... 

THIRTEENTH  WARD,  boundaries  of. ... . 

TIMBER,  regulating  keeping  and  piling  of 

regulating,  measuring  and  inspection 

of 

TOLL  GATES,  when  to  be  removed 

to  be  removed  when  corporate  limits 

may  be  extended  beyond 

TOLL  ROADS,  title  to,  in  city  limits,  how 

acquired 

TRADE,  rules  for 

TREASURER,  officer  of  city 

election  and  term  of  office  of 

to  give  bond 

duties  of,  shall  make  monthly  reports 

to  file  annual  statement  of  accounts. . 

comptroller  to  examine  accounts  of. . . 

may  appoint  deputy 

annual   examination   of    accounts  by 
common  council 

park  and  boulevard  funds  to  be  paid 
over  to 

special  assessment  list  to  be  filed  with 

liable  to  holder  of  street  improvement 
bonds  only  for  amount  collected. . . . 


Page. 


254 

255 

255 

256. 

256 

257 

257 

40 

14 

14 

19 

19 

28 

60 

177 

184 

186 

187 

205 

214 

211 

214 

253 

255 

284 

288 

291 

295 

12 

40 

55 

7 


9 
50 

50 
11 

111 

113 
38 
13 
13 
26 
29 
30 
35 
36 

59 

109 
137 

137 


Chap. 


4 
5 

6 

7 
8 

11 
12 

32 

3 

4 
15 
16 

4 

1 

1 

1 

6 

8 

5 


3 
3 
3 
3 

341 
342 


6 

7 

16 

20 


INDEX  TO  CITY  CHARTER. 


385 


TRBASUREE-.  street  improvement  bonds 
and  coupons  payable  at  office  of 

lot  owner  may  pay  assessment  to,  at 
any  time 

annual  installment  assessment  collect- 
able by 

to  keep  separate  account  of  fund  aris- 
ing from 

to  cancel  and  deliver  coupons  and 
bonds  to  comptroller  after  payment. 

collection  of  interest  and  sinking  fund 

to  report  condition  of  interest  and 
sinking  fund 

payment  of  school  orders 

salary  $5,000 

clerk  hire,  common  council  to  fix  the 
amount 

to  render  account  of  fees,  percentage, 
etc 

penalty  for  failure  to  comply 

to  render  weekly  statements  to  com- 
mon council 

city  depository,  funds  how  deposited 
and  drawn 

liability  of  treasurer 

to  keep  $5,000  in  the  treasury 

appointment  of  deputies 

oath,  bond  and  compensation  of  same. 

authority  to  collect,  receive  and 
receipt 

sales  for  non-payment  of  taxes  made  at 
office  of. 

salary  and  liabilities 

report  of  sales  of  land  for  delinquent 
taxes 

to  give  notice  for  demand  for  pay- 
ment of  taxes 

to  enforce  collection  of  personal  taxes. 

sales  for  delinquent  taxes 

to  keep  record  of  sales 

fees  for  certificates,  redemption,  etc., 
to  be  paid  into  treasury 

to  comply  with  the  state  laws  on  state, 
county  and  school  taxes 

to  be  custodian  of  public  library  fund . 

to   have  control  of    public    museum 

fund 

TREES,  regulating  planting  of 

planting  and  preserving  of. 

TURF,  regulating  protection  of 

V 

VACANCIES,  in  board  of  aldermen,  filled 
by  mayor 

inspectors  and  clerks  of  election 

tie  vote,  failure  to  elect,  etc 

special  elections  to  fill 

persons  elected  or  appointed  to  fill, 
rights  and  liabilities 


Page. 

138 

138 

138 

138 

138 
181 

182 
190 
222 

224 

225 
225 

230 

230 
230 
230 
231 
231 

232 

232 
232 

235 

261 
262 
263 
263 

270 

271 
293 

297 
53 

134 
56 


14 
17 
19 

19 

19 


Sec. 

4 

4 

5 

5 

5 
9 

11 
17 

1 


20 
21 
24 
24 

36 

38 
11 

11 

353 

25 


5 

10 
13 
13 

15 


Chap. 

310 

310 

310 

310 

310 
11 

11 
12 
16 

16 

16 
16 

17 

17 

17 

17 

161 

161 

161 

161 
161 

87 

18 
18 
18 
18 

18 

18 

7 

328 
4 

7 
4 


386 


INDEX  TO  CITY  CHARTER 


Page. 

Sec. 

Chap. 

VACANCIES,    term   of   officers  elected   to 
fill 

19 
20 
20 
29 
GO 
112 

177 

184 

234 
256 

272 

273 

284 
288 
291 
295 
46 

43 
53 

92 

269 

282 

65 

42 

43 
47 
47 
35 

53 

54 

255 

288 
288 

288 
288 
288 

289 
58 

no 

303 
303 

303 
303 

303 

15 

17 

1 
5 

1 
1 

1 
1 

5 

8 

1 

4 

2 
3 
3 

332 

316 

360 

21 
35 
16 

8 

39 

313 

340 
339 

14 

355 
356 

4 

1 

2 

3 
3 
4 

5 

7 

i 

2 

3 
4 

5 

2 

in  office  of  mayor,  how  filled 

2 

in  city  service  commission,  how  filled, 
in  office  of  city  attorney,  how  filled  . . 
in  board  of  public  works,  how  filled. . 
in  inry   how  filled 

313 
3 
5 

198 

in  board  commissioners  of  public  debt, 
how  filled 

11 

school  commissioner,  how  filled 

commissioner  of  public  works,    how 

filled 

ward  assessor,  how  filled 

12 

87 
18 

in  common  council  by  acceptance  of 
other  office 

19 

if  person  elected  to  hold  office  is  in- 
eligible  

19 

in  office  of  inspector  of  buildings 

of  veterinary  surgeon 

459 
342 

in  board  of  trustees  of  public  library., 
in  board  of  trustees  of  public  museum 

VACATING  STREETS,  ALLEYS,  ETC. . . 
(See    ''Streets.") 

VAGRANTS,  punishment  of 

punishment  of 

7 

328 

4 

4 
4 

VALIDITY    of    proceedings    for    opening 
streets  

6 

informality  not  to  affect  tax 

18 

of  former  acts  not  disturbed 

?,0 

VAULTS,  regulating  construction  of 

VEGETABLES,  regulating  sale  of 

5 

4 

VEHICLES,    animals    attached    to,    to    be 
fastened 

4 

license  and  regulation  of. 

4 

VENDERS,  regulation  of 

4 

VERIFICATIONS  on  special  assessments. . . 

(See  "Affidavits.") 
VESSELS,  speed  of 

3 
A 

speed  of  on  rivers           

A 

record  of,  tax  commissioner  to  keep. . 

VETERINARY  SURGEON,  city  may  em- 

Tjlov                       . .          

18 
342 

appointment,  vacancy,  how  filled 

to  be  subject  to  rules  of  fire  depart- 
ment. . .                      

342 
342 

salary.     .                   

342 

shall  render  services,  etc 

342 

shall  inspect  city    horses  and  make 
report      

342 

VETO  of  mayor 

4 

VIADUCT,  common  council  authorized   to 
purchase  land  for w 

231 

city  authorized  to  build 

476 

how  constructed 

476 

provisions  of  charter  to  apply  to  con- 
demnation  proceedings  for  taking 
land                                     .         

476 

C.  M.  &  St.  P.  R'y  Co.  to  build  part. . 
duty  of  R'y  Co.  to  accept  or  reject  pro- 
provisions  thereof. 

476 
476 

INDEX  TO  CITY  CHARTER. 


387 


VIADUCT,  to  remain  under  absolute  control 
of  city 

bonds  to  be  issued 

city  and  R'y  Co.  to  maintain  hereafter 

common  council  may  purchase  land  for 

city  engineer  to  make  survey  for.. 

lands  acquired  for,  may  be  used  for  all 
public  purposes 

city  authorized  to  build 

how  to  be  constructed 

C.  IVt  &  St.  P.  R'y  Co.  may  pay  part. 

to  be  under  absolute  control  of  cit}' 

bonds  to  be  issued,  proceeds  how  used 

if  R'y  Co.  refuses  to  pay  part,  power 
to  compel  it  to  bridge,  etc.,  not 
lessened 

certain  laws  applying  to,  repealed. 

B.  O.  P.  W.  may  make  contracts  for 
building 

duty  of  comptroller 

certain  section  of  charter  not  to  apply 

bonds  for  constructing,  may  be  issued 

in  parks,  may  be  built 

VICTUAIvING  HOUSKS,  regulation  of . . . . 

VICK,  suppression  of 

VOTERS,  see  "Elections." 

VOTES,  cast  in  precinct  where  voter  resides 

challenging 

oath  of  electors 

penalty  for  false  or  fraudulent 

penalty  for  receiving  or  tallying 
fraudulent 

inspectors  to  canvass  and  return 

to  be  canvassed  by  common  council. . 

tie,  creates  vacancy 

(See  "Elections.") 

of  aldermen  in  common  council 

viva  voce,  on  elections  or  confirmations 

on  ordinances,  majority 

on  appropriations,  majority . . 

on  passage  of  laws  and  ordinances.. . 

on  change  of  grade 

deferring  action  on  report 

reconsideration  of 

on  veto  message,  two-thirds 

contract  may  be  dispensed  with 

for  construction  of  bridges 

adoption  of  bridge  plan 

for  changing  budget 

for  increased  expenditure 

appropriations  from  contingent  fund. 

aldermen  not  eligible  when  interested 

for  remission  of  penalty 

w 

WAIvLS,  regulating  construction  of 

WARDS,    boundaries,    common    council  to 

change,  when 

assessors,  officers  of  city 


Page. 

Sec. 

Chap. 

304 

6 

476 

304 

7 

476 

304 

8 

476 

246 

.1 

122 

246 

1 

122 

247 

2 

122 

248 

3 

122 

248 

4 

122 

248 

5 

122 

248 

6 

122 

248 

7 

122 

249 

8 

122 

249 

9 

122 

249 

10 

122 

250 

11 

122 

250 

12 

122 

250 

16 

311 

311 

1 

197 

39 

31 

4 

38 

3 

4 

16 

9 

2 

17 

11 

2 

17 

11 

2 

18 

11 

2 

18 

11 

2 

18 

12 

2 

18 

12 

2 

19 

13 

2 

37 

2 

4 

37 

2 

4 

56 

4 

4 

56 

4 

4 

56 

4 

4 

57 

4 

4 

58 

5 

4 

58 

5 

4 

58 

7 

4 

71 

18 

o 

161 

8 

9 

162 

9 

9 

229 

3 

17 

229 

3 

17 

229 

5 

17 

273 

2 

19 

279 

3 

20 

55 

362 

4 

11 

1 

309 

13 

1 

2 

388 


INDEX  TO  CITY  CHARTER. 


Page. 

Sec. 

Chap. 

WARDS,  salary  of  assessors 

223 
15 

16 

57 
113 
30 
30 
34 
35 

57 

70 

84 

87 
94 

113 
114 

121 
123 

129 

132 
133 

133 
141 
227 
229 
50 
212 

46 
65 
95 
99 

163 

163 

163 

164 
164 
164 
165 
165 
165 
165 
166 
166 

166 

1 
4 
9 

4 

1 

6 

7 
12 
15 

5 

16 

6 

13 
25 

1 

2 

7 
8 

10 

21 
23 

24 
5 
2 
4 
349 

6 

334 
8 

26 
1 

1 

2 
3 

4 

5 

6 

7 

7 

8 

9 

10 
11 

11 

16 

representation  in  common  council 

divided  into  election  precincts 

unanimous  consent  of  local  committee 
on  change  of  grade  in 

2 
2 

4 

annual  estimate  of  ward  improvement. 
WARD  FUNDS,  monthly  report  of  treasurer, 
annual  report  of  treasurer.. 

6 
3 
3 

annual  report  of  comptroller. 

3 

monthly  report  of  comptroller 

reference  of  resolutions  appropriating 
money 

3 
4 

work  chargeable  to,  to  be  let  by  con- 
tract  

5 

excess  of  damages  in   street  opening 
cases  chargeable  to 

6 

excess  of  damages  in  street  opening 
cases  to  be  paid  out  of 

6 

advances  may  be  made  from 

6 

annual   estimate    of    ward    improve- 
ments  

7 

street  improvements  chargeable  to. . . 

excess  of  damages  on  change  of  grade 

chargeable  to 

7 
7 

excess  of  costs  of  grading  chargeable  to 

cleaning    and    repairing    of    streets 

chargeable  to 

7 
7 

removal  of  Canada  thistle  and  other 
weeds  chargeable  to 

7 

sprinkling  streets  chargeable  to 

cost  of  sprinkling  to  be  first  paid  out 
of , 

7 

7 

excess  of  damages  payable  out  of 

levy  for,  not  to  exceed  six  mills 

election  expenses  chargeable  to 

WATCHMEN,  appointment  of. 

479 

17 

17 

4 

to  act  as  officers  of  the  peace 

15 

WATER  WORKS,  erection   and  maintain- 
ance  of. 

4 

regulating  laying  of  pipes 

5 

extending^  water  oioe 

6 

taking  lands  for  extending  pipes 

surrender  of,  to  city,  and  delivery  of 

property  pertaining  thereto 

B.  0.  P.   W.    to  examine  into  water 

suodIv 

250 
10 
10 

construction  of  hydrants,  etc.,  and  lay- 
ing of  oioes 

10 

board  may  enter  on  premises  for  ex- 
aminations and  surveys 

condemning  lands  for 

10 
10 

to  be  property  of  city     

10 

water  fund,  how  kept,  special  reports, 
revenue  from,  to  apply  on  water  bonds 
quarterly  reports  to  common  council . 
comptroller  to  keep  separate  accounts 

B.  O.  P.  W.  to  have  control  of. 

rules  and  regulations 

10 
10 
10 
10 
10 
10 

rules  and  regulations  to  be  approved 
by  council 

10 

INDEX  TO  CITY  CHARTER. 


389 


WATER  WORKS,  collection  of  water  rates. 

penalty  for  non-payment  of  same 

shall  be  a  lien  on  property 

penalty  for  polluting  water  or  injur- 
ing work  or  pipes 

protective  ordinances 

assessment  of  benefits  for  laying  pipe. 

assessment  for  minor  water  pipe 

assessment  on  corner  lots,  etc 

apportionment  to  subdivisions 

report  of  assessment   to  be  filed  and 
published 

appeals,  how  taken  and  conducted . . . 

comptroller  shall  keep  record  of  as- 
sessment   

to  be  entered  on  tax  roll 

registrar,  duties  and  powers 

water  rates  to  be  collected  by   water 
registrar 

permits  may   be  granted  to  national 
home  disabled  soldiers 

water  meters  may  be  attached,  when. . 

ventilating  and  trapping  drains,  etc. . 

city  may  lease  or  purchase 

bonds  may  be  issued  for 

chapter  ten  to  take  effect  Jan.  1st,  1875 

comptroller  shall  examine  accounts  of 

collector 

WEAPONS,  prohibiting  carrying  concealed 
WEEDS,  noxious,  declared   a   public    nui- 
sance  

destruction  of 

penalty  for  failure  to  destroy 

service  of  order  to  destroy  upon  R.  R. 
Co.. 

commissioners,  appointment  of 

duties  of  commissioner 

destruction  of,  on  R.   R.  land,   com- 
pensation  

penalty  for  neglect  to  appoint  com- 
missioner  

penalty  for  neglect  to  perform  duties 
when  so  appointed 

this  act  to  be  read  aloud  at  town  meet- 
ings  

contracts  for  removal  of,  from  public 

grounds 

WEIGHTS   AND    MEASURES,  regulation 
of 

regulation  of 

common  council  may  appoint  weighers 

WELLS,  establishment  of 

WHARVES,  to  prevent  encumbering  of. 

regulation  of 

lea.sing  privileges 

B.  O.  P.  W.  to  have  special  charge  of 
WHISKEY,  see  "Liquor." 

WHISTLES,  regulation  of 

WOOD,  measuring  and  sale  of. 

regulating  keeping  and  selling  of. 


Page. 

Sec. 

166 

12 

166 

12 

167 

12 

168 

13 

168 

14 

168 

15 

169 

16 

169 

17 

170 

18 

170 

19     I 

170 

19 

170 

20     i 

171 

20 

171 

21     1 

171 

21     i 

172 

22 

173 

22 

174 

23 

176 

1     1 

250 

12     i 

281 

10 

35 

16     , 

55 

3<5i  i 

51 

3^'i  i 

51 

1 

51 

2 

51 

3     i 

51 

4 

52 

5     1 

52 

6     1 

52 

6a    1 

52 

6a    1 

52 

7     1 

132 

21  : 

47 

337 

47 

338 

50 

46     i 

46 

324  i 

43 

313! 

53 

357! 

53 

358 

60 

6 

45 

32« 

47 

338 

50 

341 

Chap. 


10 
10 
10 

10 
10 
10 
10 
10 
10 

10 
10 

10 
10 
10 

10 

10 
10 
10 
182 
311 
20 

3 
4 

4 
154 
154 

154 
154 
154 

154 

154 

154 

154 


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